Informe definitivo - Informe núm. 6, 1953

Caso núm. 55 (Grecia) - Fecha de presentación de la queja:: 01-JUL-52 - Cerrado

A. Analysis of the Complaints

1. 875. The complaints presented by the World Federation of Trade Unions and by the Central Committee of the Unitary Trade Union Movement of Greece (E.S.K.E.) to the Economic and Social Council, and transmitted by the Council, at its 14th Session, to the I.L.O, contain the following allegations.
2. 876. The World Federation of Trade Unions alleges that the Greek authorities interfere with the administration and operation of trade union organisations and resort to measures of repression against the trade union movement ; this complaint contains a list of trade unionists claimed to have been executed or sentenced to death on the ground of their trade union activities. In the two complaints emanating from the Unitary Trade Union Movement of Greece (E.S.K.E.), it is also alleged that, among the persons prosecuted before the military tribunal at Athens, there have been trade unionists proceeded against on the grounds of their trade union activities. This organisation alleges that the arrests of trade unionists brought about by the authorities and the fact that persons so arrested have not been judged according to regular procedure indicate the desire of the authorities to hinder the development of the trade union movement.
3. 877. The complaint of the World Federation of Trade Unions alleges, secondly, that on the occasion of a trade union congress held in Athens on 24 September 1950 pressure was exercised to prevent the workers being freely represented and, especially, that delegates were told to sign in advance a declaration of loyalty to the International Confederation of Free Trade Unions, that trade unionists were removed from the trade union lists, that the representation of the trade unions opposed to the policy of the leaders imposed by the State was excessively reduced while the representation of the trade unions favouring this policy was artificially swollen. The union leaders imposed by the State had recourse to measures of falsification and intimidation with the result that 600 delegates walked out of the congress as a sign of protest, while a delegate who criticised the activities of the trade union leaders was arrested and beaten by the police. The complaint contains various press extracts on these matters and a statement of the Unitary Trade Union Movement of Greece (E.S.K.E.) contesting the validity of the congress proceedings.
4. 878. The Unitary Trade Union Movement of Greece (E.S.K.E.) alleges further that the Government decided to put into application the provisions of the penal code which abolish the right to strike of public servants and employees of public utility services, with the object of bringing about the dissolution of the trade union movement by depriving the workers of the strike weapon.
5. 879. The complaint from this organisation also objects to the method of fixing wages and demands that collective agreement concerning wages shall be concluded and that wages shall be adjusted to the cost of living.
6. 880. The same complaint also criticises the legislation relating to the methods of investment of funds of bodies corporate under public law and insurance funds, which is equivalent to the confiscation of the capital of the insured persons.

B. Analysis of the Government's First Reply

1. 881. In its letter dated 17 September 1952 the Greek Government observes, first of all, that the Unitary Trade Union Movement of Greece (E.S.K.E.), from which come two of the new complaints, has no legal existence in the country as it has never deposited its rules : consequently, the complaints from this organisation have no juridical basis. The activities of this union are purely of a political nature.
2. 882. As to the substance of the complaints themselves, the Government makes the following arguments.
3. 883. With regard to the accusation relating to the arrest and execution of trade union leaders, the Government refers to the replies which it has already made to similar accusations and repeats that no condemnatory penalty has ever been inflicted in the country on the ground of the trade union activities of the persons sentenced but solely on the grounds of criminal activity or acts of treason committed by these persons. In this connection, the Government refers to the policy of clemency which it has followed by commuting all the death sentences to sentences of life imprisonment and by providing a review procedure.
4. 884. With regard to the conditions under which the trade union congress of 1950 is alleged to have been held, the Government states that this congress was convened by the Greek General Confederation of Labour in accordance with its existing Constitution and rules based on principles of freedom of association. The congress was attended by three representatives of the International Confederation of Free Trade Unions and all delegates enjoyed the right to speak. The Greek General Confederation of Labour did not insist that delegates make declarations of loyalty to the I.C.F.T.U. The congress took decisions relating to the purging of fascist elements from the trade unions in accordance with the right enjoyed by the trade unions to draw up their rules in full freedom. It is not true that 600 delegates walked out of the congress ; a single delegate was ejected because of his violent attitude and was not ejected by the police but by the delegates responsible for maintaining order.
5. 885. With regard to the right to strike, the Government declares that, if the penal code of 1950 provides for a number of sanctions in the case of public employees who go on strike, it does not consider this to be a violation of the principles of freedom of association as this is a question which is a matter for the Government. It adds that, in any event, Greek public employees are organised in associations and no sanction has ever been applied against them in the event of a strike, even since the entry into force of the new penal code. Furthermore, the right to strike of the personnel of public utility undertakings is fully recognised on condition that either the competent employer or the authorities are notified, and many strikes of such personnel have taken place since the introduction of the penal code.
6. 886. The Government adds, with regard to the complaint submitted by the E.S.K.E concerning its wages policy and the investment of funds of bodies corporate under public law and insurance funds, that this complaint relates more to the economic policy of the Government than to freedom of association.

C. Request for Further Information

1. 887. When the Committee examined this case at its meeting on 1 and 2 December 1952, it reached certain provisional conclusions but decided to ask the Director-General to request the Government for further information concerning the allegations of the World Federation of Trade Unions that a number of trade union leaders were executed or sentenced to death because of their trade union activities, and, in particular, in copies of the relevant judicial decisions imposing the sentences, before it made its final recommendations to the Governing Body.
2. 888. The Director-General wrote to the Greek Government on 10 December 1952 requesting information accordingly with regard to Messrs. Perghialides, Paparigas, Dimitriou, Georgiou, Xenakis, Lefkos, Zerbinis, Doukas, Boutyras and Merkatas, leaders of various trade unions alleged to have been executed, and Messrs. Kanelatos, Papoutsas, Skaltsas and Nicolopoulos, leaders of the Patras Trade Union Federation, who, together with the Presidents of the Union of Chios, Mytilene, Larissa and Lamia, were alleged to have been sentenced to death but not yet executed.

D. Analysis of the Government's Further Replies

1. 889. The Government replied by letters dated 24 January and 1 February 1953.
2. 890. It repeats, first of all, its previous statement that no person has ever been condemned or persecuted for trade union activities and that, where trade unionists have been punished, this was not on account of trade union activities but because of offences falling within the civil or military penal law.
3. 891. With regard to the persons alleged to have been sentenced to death, the Government refers specifically, in its letter of 24 January 1953, to Messrs. Perghialides, Paparigas, Dimitriou, Georgiou, Xenakis, Doukas and Merkatas, giving the following details.
4. 892. Paparigas had been identified with Communist activities since 1922 and arrested several times before the war because of illegal underground activities. After the war he continued these activities, recruiting and instructing fighting groups for purposes of sabotage and murder, while at the same time acting for a period as Secretary-General of the General Confederation of Greek Workers. He was deported in July 1947 but soon returned and continued to direct armed subversive groups. In 1948 he was proclaimed a bandit and in August of that year was arrested. In prison he committed suicide before being brought to trial.
5. 893. Dimitriou was a Communist official before 1930 and became an organiser of the Communist underground movement. He studied Communist tactics in the U.S.S.R. In 1938 he was deported but escaped and resumed his subversive activities. In 1948 he was again deported. It was later ascertained by official enquiry that he had collaborated with enemies of Greece with a view to detaching a portion of Greek territory. He was tried by court martial, found guilty and executed on 15 April 1949.
6. 894. The name Georgiou is assumed by the Government to refer to one Derveniades or George Demosthenes. As a Communist he had been engaged in subversive activities since 1936 and supported the revolt in December 1944 and at that time brought about the arrest and execution of several of his nationalist colleagues because they were not Communists. He was later arrested but subsequently set free, after which he gave active support to bandit groups, in consequence of which he was again deported. He returned to Athens and directed sabotage against public utilities and pursued treacherous activities. He was arrested on 26 November 1948, sentenced by court martial and executed on 30 September 1949.
7. 895. Xenakis was a Communist before the war, being twice deported for unlawful activities, including the illegal carrying of arms and mutiny. In 1946 he held a trade union post but never worked in the interests of the workers. He recruited bandits and himself joined them as a Communist political representative. In 1949 he was killed in a military mopping-up operation.
8. 896. Doukas was a well-known Communist official. He is believed to have been drowned in 1947 in the wreck of s.s. Himara.
9. 897. Merkatas was a Communist long before the war and was a leader of the subversive disturbances in Salonica in 1936 ; the Communists intended to make him Governor of Macedonia if they seized power. He was deported until 1938 and then set free because of illness. His activities since that date are unknown. He died in hospital on 19 December 1948.
10. 898. The central authorities do not have sufficient information with regard to Perghialides and have referred the Government to the Cretan authorities. The Government did not wish to delay its reply until this information arrived but states that he was an important official of the Communist Party and took part in its revolutionary activities.
11. 899. With regard to Lefkos, Zerbinis and Boutyras, the Government states, in its letter of 1 February 1953, that it cannot find any trace in its records of any such persons having been sentenced and executed, and states that this may be due to the fact that many persons engaged in subversive activities do so under assumed names. Without more specific details than are given in the complaint the Government cannot give more precise information.
12. 900. With regard to the persons alleged to have been sentenced to death but not yet executed, the Government refers the Committee to its previous communications and states that no person sentenced to death has been executed since the promulgation of the " Clemency Measures " Act (No. 2058/1952), which is still in force under the present Government.
13. 901. The Government does not forward copies of the condemnatory decisions, stating that this would be a task requiring a long investigation and would add nothing new because everybody knows the post-war strategy of the Greek Communist Party tending to impose a Communist régime, to destroy democracy and to damage the territorial integrity of the country.

E. E. The Committee's conclusions

• Question as to the Receivability of the Complaint of the Unitary Trade Union Movement of Greece (E.S.K.E)
  902. 902 The Government appears to consider that this complaint is not receivable because the organisation concerned has no legal existence in Greece, for the reasons that it has never deposited its rules and that its activities are of a purely political nature.
  903. 903 In this connection, the Committee, at its meeting on 10-12 January 1952, adopted the principle that it possesses full freedom to decide whether an organisation may be deemed to be an employers' or workers' organisation within the meaning of the I.L.O Constitution and it does not consider itself bound by any national definition of the term. The Committee considers, in the case in question, that the fact that a trade union has not deposited its rules as may be required by national laws or regulations could not result in making its complaint non-receivable, bearing in mind that the principles of freedom of association demand precisely that workers shall be enabled, without previous authorisation, to establish organisations of their own choosing. In the present case, however, the question is, in any event, only of theoretical interest because, even with regard to the points raised by the Unitary Trade Union Movement of Greece (E.S.K.E.), the Government has seen fit to furnish a reply.
• Allegations relating to the Sentencing and Execution of Trade Unionists
  904. 904 The complaint presented by the World Federation of Trade Unions alleges that the Government practises a policy of repression against the trade unions and enumerates the names of various trade unionists alleged to have been executed since 1947 because of their trade union activities and the names of other trade unionists alleged to have been sentenced to death, although not executed.
  905. 905 In this connection, the Government affirms, in its first reply, that no condemnatory penalty has ever been inflicted in Greece on the ground of the trade union activities of the persons sentenced but only on the ground that such persons have committed criminal acts or have embarked on activities for the purpose of detaching certain parts of Greek territory to the gain of foreign powers. It recalls that it has followed a policy of clemency by adopting legislation commuting death sentences to sentences of life imprisonment and authorising the review of criminal proceedings.
  906. 906 In its further reply the Government, after repeating the assertion that no condemnatory penalty has ever been inflicted on the ground of trade union activities, gives details concerning seven of the ten persons alleged to have been executed on the ground of their trade union activities. Of these Demetriou was executed after being found guilty by a court martial of having collaborated with enemies of Greece with a view to detaching a portion of Greek territory, and Georgiou was arrested, according to the Government, after having directed sabotage against public utilities and having been engaged in treacherous activities, found guilty by court martial and executed. The Government denies that Paparigas, Xenakis, Doukas and Merkatas were executed, stating that Paparigas was arrested for crimes such as directing armed subversive groups, etc., and committed suicide in prison, that Xenakis joined an armed group and was killed in a military operation, that Doukas is believed to have perished in a shipwreck, and that Merkatas, whose activities in recent years are unknown, died in hospital. At the date of its second reply the Government could not give information regarding Perghialides, but states that he took part in Communist revolutionary activities, and adds, in its third reply dated 1 February 1953 that it has no trace in its records concerning any persons named Lefkos, Zerbinis and Boutyras. The Government states that it does not forward copies of the condemnatory judgments as this would require a long investigation and would add nothing to what is known regarding the Communist post-war strategy to impose Communism in Greece, to destroy democracy and to damage the territorial integrity of the country.
  907. 907 Finally, in its further reply of 24 January 1953, referring to the list of persons alleged to have been sentenced to death but not yet executed, the Government states that the " Clemency Measures " Act is still in force under the present Government, which is continuing to follow the policy of clemency.
  908. 908 With regard to the first ground of complaint relating to the policy of trade union repression alleged to be practised by the Government, the Committee, noting that it has already had before it a similar allegation contained in the complaints presented by the Great Lakes Licensed Officers' Association - Foremen's Association of America and by the Queensland Trades and Labour Council (Case No. 18), recommends that this question, in view of its essentially political character and of the information furnished by the Government concerning the measures of clemency which it has adopted, does not call for further examination.
  909. 909 With regard more particularly to the second ground of complaint relating to the sentencing to death of trade union leaders, the Committee considers, notwithstanding the fact that the Greek Government has not forwarded copies of the actual judgments, that the precise information given by the Government with regard to six of the ten cases of alleged execution shows that the persons concerned were engaged in illegal subversive or treacherous activities and that in fact only two of these six persons were executed and this on account of treasonable acts and not because of their trade union activities, and considers that, although the Government states that no information is immediately available concerning one other case and that it has no trace in its records concerning the remaining three cases, at least under the names given, there is no reason, having regard to all the known circumstances, to doubt the Government's repeated assertion that no person has ever been condemned because of his trade union activities but only because of his criminal acts or that such persons as are alleged to have been sentenced but not yet executed have benefited from the clemency measures continued by the present Government. The question at issue is again one which was raised in the first complaints made against the Greek Government, that is to say, the prosecution and sentencing of leaders of O.E.N.O, a matter which the Committee has already had occasion to examine (Case No. 18). In Case No. 18, the Committee concluded, having regard to the full and detailed information supplied by the Government, that the sentences were pronounced not on the ground of the trade union activities of the persons concerned but because of activities in violation of the criminal law with which the Committee was not concerned, and, therefore, recommended the Governing Body to decide that the case did not call for further examination. In the present case, in which the circumstances are similar to those which characterised Case No. 18, the Committee confirms the position which it adopted in that case and recommends the Governing Body to decide, for the same reasons, that this part of the case does not call for further examination.
• Allegations relating to the Conditions Under Which the Trade Union Congress of 1950 was Held
  910. 910 It is alleged in the complaint of the World Federation of Trade Unions that the Trade Union Congress of 1950 was held under conditions which were irregular by reason of the various measures taken by the leaders of the Confederation claimed to have been imposed by the State.
  911. 911 The Government, on the other hand, declares that it in no way intervened in the work of the Congress, which was held in the presence of delegates of the I.C.F.T.U, of which the Greek General Confederation of Labour is a constituent.
  912. 912 With regard more particularly to the complaint that delegates were asked to sign in advance a declaration of loyalty to the I.C.F.T.U, the Government states that the Greek General Confederation of Labour never insisted that such declarations should be demanded from delegates to the Congress.
  913. 913 With regard to the allegation that a delegate was arrested and beaten by the police, the Government replies that, because of his violent attitude, this delegate was expelled not by the police but by other delegates responsible for maintaining order.
  914. 914 In a general statement, the Government, which formally denies other grounds of complaint such as the allegation that 600 delegates walked out of the Congress as a sign of protest, adds that the various questions mentioned in the complaint, like that of the purging of fascist members from trade unions, are matters exclusively within the purview of the Greek General Confederation of Labour, which acts in accordance with its Constitution and rules based on principles of freedom of association.
  915. 915 The Committee considers that, if the complainants had furnished proof of intervention by the authorities in the preparations for and the proceedings of the Trade Union Congress of 1950, such intervention might certainly have constituted a violation of trade union rights. The Committee notes, however, that the criticisms of the complainant relate essentially to measures alleged to have been taken by the leaders of the Greek General Confederation of Labour and that no proof has been furnished in support of the allegation that these leaders were imposed by the State.
  916. 916 The Committee, therefore, recommends the Governing Body to decide that these allegations do not call for further examination.
• Allegation relating to the Right to Strike
  917. 917 It is alleged in the complaint presented by the Unitary Trade Union Movement of Greece (E.S.K.E) that the Government decided to apply the provisions of the penal code which abolish the right to strike for public officials and employees of public utility undertakings with the object of dissolving trade union organisations by depriving workers of the right to strike. In this connection the Government draws a distinction between the position of Government officials and that of employees of public utility undertakings.
  918. 918 In the case of public officials, the right to strike, it would appear from the Government's reply, is prohibited in law by sanctions laid down in the penal code. The text of the article in the penal code which is complained against is in the following terms:
• ARTICLE 247
• Strikes of Public Officials
  1. 1 Any public officials who, to the number of not less than three, after having deliberated and taken a decision together, and with a view to preventing or interrupting the functioning of a public service,
     • (a) have asked to resign from the service, or
     • (b) have abandoned the service entrusted to them, or
     • (c) have failed to carry out their duties, or
     • (d) agree together, in any manner whatsoever, to call or threaten to call a strike or, in any manner whatsoever, make the abandonment of their work directly or indirectly contingent on the acceptance of their demands,
  2. shall be punished by imprisonment for a term not exceeding twelve months.
  2. 2 Any public official who subsequently takes part in any of the offences mentioned in the preceding paragraph shall suffer a like punishment.
  3. 3 Members of the executive of an association or union of public officials who have decided to call a strike shall be punished by imprisonment for at least three months and by the imposition of a fine. They and the association or union shall be jointly responsible for the payment of the fine.
  4. 4 The imposition of any of the penalties mentioned in paragraphs 1 to 3 above shall entail the temporary loss of the civic rights of the persons concerned.
  919. 919 With regard to this allegation, the Government states that the right to organise and the right to strike of public officials are matters for the Government to decide, but the Committee considers that the principle of freedom of association should be recognised even in the case of public officials, this right not necessarily implying, however, also the right to strike. In this connection, the Committee observes that, while the recourse to strikes is prohibited by Greek law in the case of public officials, the latter are, on the other hand, accorded the right to establish associations and have in fact formed an occupational association. Furthermore, while the taking part in strikes by public officials may entail the application of sanctions under the provisions of the Greek penal code, these provisions do not appear to have been applied in practice, the Government pointing out that no punishments have been inflicted on public officials taking part in strikes, even since the entry into force of the new penal code.
  920. 920 With regard to the employees of public utility undertakings, the Government states that their right to strike is fully recognised on condition that due notice is given to their employers or to the police authorities. The Committee considers that this formal requirement is not of a nature to limit appreciably their resort to strikes as is apparent from the fact that many strikes have actually taken place.
  921. 921 Under these circumstances, the Committee considers that the complainants have not furnished sufficient proof in support of their allegation that the Government has decided to apply the provisions of the penal code relating to strikes of public officials and that this measure is intended to dissolve trade union organisations by depriving workers of their right to strike. The Committee, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegation relating to the Fixing of Wages
  922. 922 The Unitary Trade Union Movement of Greece (E.S.K.E) complains about the method of fixing wages and demands that they should be fixed by collective bargaining and be readjusted to the cost of living. The Government appears to be alluding to this allegation when it states that the complaint deals particularly with questions relating to its general economic policy.
  923. 923 It may be observed in this connection that, while the demand for a readjustment of wages to the cost of living may be mainly a question of an economic character and not connected with freedom of association, the same is not true with regard to the question as to the method of fixing wages by collective agreements which is also raised in the complaint. The development of procedures for the voluntary negotiation of collective agreements in fact constitutes an important aspect of freedom of association. However, it would be difficult to lay down an absolute rule concerning this matter because, under certain circumstances, Governments might feel that the economic position of their countries called at certain times for stabilisation measures during the application of which it would not be possible for wage rates to be fixed freely through the medium of collective bargaining. Hence, the Committee considers that the economic position of Greece during recent years may have justified the adoption of such stabilisation measures, but observes that, at a later date and subsequent to the presentation of the complaint, the Greek Government enlarged the role of collective bargaining by adopting Act No. 2053 of 23 April 1952 regulating collective relations and labour disputes. This Act provides for the establishment of a council of 16 members, including five representatives of the State, five representatives of employers and five representatives of workers ; it is the duty of the council, in particular, to approve collective agreements or administrative decisions concerning wages, to fix wages itself in certain cases and to endeavour to extend the field of collective agreements.
  924. 924 Under these circumstances, the Committee recommends the Governing Body to decide that this ground of complaint does not call for further examination.
• Allegation relating to the Investment of the Funds of Bodies Corporate Under Public Law and Insurance Funds
  925. 925 The complainants also criticise the legislation relating to the methods of investment of funds of bodies corporate under public law and insurance funds and the Government also appears to be referring to this ground of complaint when it states that it relates especially to its economic policy.
  926. 926 The Committee considers, in this connection, that once it is observed that the complaint relates only to the method of investment of funds of bodies corporate under public law and insurance funds and not to the funds of trade union organisations, the question is not connected with freedom of association, and, accordingly, does not call for further examination.

The Committee's recommendations

1. 927. For the reasons indicated with regard to each of the various allegations contained in the complaints presented against the Greek Government, the Committee recommends the Governing Body to decide that the case as a whole does not call for further examination.
2. 928. The Committee has noted with interest that, in a report sent to the Director-General of the I.L.O on 10 October 1952, in accordance with Article 19 of the I.L.O Constitution (Unratified Conventions and Recommendations), the Greek Government states that a Bill providing for the ratification of the Freedom of Association and Protection of the Right to Organise Convention (No. 87), 1948, was laid before the officers of the Parliament on 22 May 1952. The Governing Body will no doubt agree that the ratification of this Convention by Greece would constitute positive evidence of the Government's desire to give full effect in Greece to the principle of freedom of association.