Definitive Report - Report No 127, 1972

Case No 680 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 07-SEP-71 - Closed

1. 93. The complaint of the Irish National Teachers' Organisation is contained in a communication, dated 7 September 1971, addressed direct to the Director-General. In a communication dated 27 September 1971, the complainant organisation submitted new facts concerning this case. The texts of the two communications mentioned were transmitted to the Government, which sent its observations in a letter dated 14 October 1971.
2. 94. The United Kingdom has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 95. In their communication of 7 September 1971, the complainants state that they wish to lodge a protest with the ILO against the fact that one of the members of the Central Executive Committee of the Irish National Teachers' Organisation, Mr. Michael Farrell, had been detained in Northern Ireland without trial. "The Executive of the Irish National Teachers' Organisation " the complainants state " objects to detention and possible internment without trial since detention or internment in such circumstances infringes a fundamental human right." The complainants conclude: " The Executive Committee takes this action as a matter of principle, without prejudice to any political views held by the contending factions."
2. 96. In their communication of 27 September 1971, the complainants declare that Mr. Farrell has been released and state that, at the moment, no member of the Irish National Teachers' Organisation is detained.
3. 97. In its observations the Government points out that neither of the two communications sent by the complainants indicates that Mr. Farrell's arrest was connected with his trade union membership or activities. The Government states that the measures taken against him were in no way related to his trade union activities. In fact, the Government states, Mr. Farrell was detained on 10 August 1971, under the Civil Authorities' (Special Powers) Acts (Northern Ireland) 1922-1943 as a person suspected of acting, having acted or being about to act in a manner prejudicial to the preservation of the peace or the maintenance of order. The Government adds that Mr. Farrell was released on 16 September 1971.

B. B. The Committee's conclusions

1. 98. In the past the Committee, while refraining from expressing an opinion on the political aspects of a state of emergency, has always emphasised that measures of detention must be accompanied by adequate judicial safeguards, applied within a reasonable period, and that all detained persons must receive a fair trial at the earliest possible moment.

The Committee's recommendations

1. 99. In the present case noting, on the one hand, that it has not been established that the measures taken against Mr. Farrell were in any way connected with his trade union membership or activities and, on the other hand, that this person has since been released, the Committee, subject to what is stated in the preceding paragraph, considers that no purpose would be served in pursuing its examination of this case. The Committee, accordingly, recommends the Governing Body to decide that the case does not call for further examination.