Definitive Report - Report No 151, November 1975

Case No 810 (France) - Complaint date: 11-DEC-74 - Closed

1. 54. The Committee examined this case in February 1975, when it presented to the Governing Body an interim report contained in paragraphs 141 to 145 of its 149th Report. The latter was approved by the Governing Body at its 195th Session (March 1975).
2. 55. The French Government has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and has declared that these Conventions are applicable without modification to French Guyana.

A. A. The complainants' allegations

1. 56. The Committee recalls that the allegations related to the arrest of several trade unionists including Mr. Bougarel, leader of the National Technical and Vocational Training Union in Guiana. It was stated that the persons arrested were being prosecuted for subversion. Subsequently, Mr. Bougarel was released and no proceedings were brought against him.
2. 57. In its reply, the Government stated that Mr. Bougarel had been arrested, under section 30 of the Criminal Affairs Procedure Code, as a result of the part he had played in a series of disturbances systematically organised over several months in Guiana, which disturbances had greatly jeopardised life and property. As provided for in that same section 30, Mr. Bougarel and the eleven other persons arrested along with him had at once been handed over to the prosecuting authorities of the State Security Court. These authorities had decided that charges should be brought against eight of the persons concerned and that the latter should be sent to France. There was no relationship, added the Government, between Mr. Bougarel's trade union activities properly so-called and the reasons which had led to his detention for forty-eight hours.
3. 58. The Committee noted that Mr. Bougarel had been released and that no proceedings were to be brought against him, but that the State Security Court prosecuting authorities had decided to bring charges against other trade unionists arrested with him. In these circumstances, the Committee recommended the Governing Body to note that Mr. Bougarel had been released and to request the Government to inform it of the outcome of the proceedings brought against the other eight persons, supplying copies of any judgments rendered, with their supporting considerations.
4. 59. The Government stated in a letter of 14 April 1975 that the Chamber for the Supervision of Investigations of the State Security Court had issued an order on 26 February 1975 cancelling the proceedings brought against the arrested trade unionists. It stated that there were no further charges or proceedings against them from that date.

60. The Committee notes this information and consequently recommends the Governing Body to decide that this case does not call for further examination.