Informe provisional - Informe núm. 47, 1961

Caso núm. 224 (Grecia) - Fecha de presentación de la queja:: 15-FEB-60 - Cerrado

1. 138. By a communication dated 15 February 1960, addressed directly to the I.L.O, the Greek Federation of Workers in Electricity and Public Utility Undertakings submitted a complaint of alleged infringements of the exercise of trade union rights in Greece. By a letter dated 29 February 1960 the Director-General communicated the complaint to the Greek Government for its observations, pointing out that the case fell within the category of cases to the consideration of which a priority is accorded by the Committee and the Governing Body. The Government replied by a letter dated 15 March 1960. By a communication dated 19 March 1960 the complaining organisation forwarded further information to the Office with respect to the trade union situation in Greece. This information was transmitted to the Government for its observations on 30 March 1960. The Government forwarded observations thereon by a letter dated 14 April 1960. As this further information in fact consists of new allegations, they are considered separately below.

A. A. The complainants' allegations

• Allegations relating to the Arrest and Deportation of Mr. Nicolas Charaghionis, former General Secretary of the Greek Federation of Workers in Electricity and Public Utility Undertakings (Communication Dated 15 February 1960)
  139. 139 The complainants allege that Mr. Nicolas Charaghionis, former general secretary of the complaining organisation, was arrested on 9 February 1960 and deported the following day to Haghios Efstratios. According to the complainants, this measure was taken because of the trade union activities carried on by the person concerned. They ask for intervention by the I.L.O to cause the Government to cancel the measure in question.
  140. 140 In its reply the Government confirms the arrest and deportation of the person concerned; it declares, however, that these measures were not taken by reason of the trade union status or activities of the person in question but because of his Communist activities, and recalls that, following the anti-national and revolutionary activities of the Communist Party, that Party was outlawed by Act No. 50947.
  141. 141 In several earlier cases the Committee has been called upon to formulate conclusions on the application of measures which, even though of a political character and not intended to restrict trade union rights as such, may nevertheless affect the exercise of such rights. In the present case the Committee considers that, as the person concerned had trade union responsibilities, the measures taken with regard to him were likely, even if that were not intended, to affect the exercise of trade union rights.
  142. 142 Moreover, if in certain cases the Committee has reached the conclusion that allegations relating to measures taken against trade union militants or leaders did not call for further examination, this has been after it has received information from the governments showing sufficiently precisely and with sufficient detail that the measures were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature.
  143. 143 In the present case the Government has given no details at all concerning the activities which led to the measures in question being taken against the person concerned, merely stating that he carried on Communist activities. In these circumstances the Committee considers that, before it can formulate a conclusion in full knowledge of all the circumstances, it requires to obtain more detailed information from the Government as to the precise reasons which led to the measures complained against and, particularly, as to the specific activities held against the person concerned.
  144. 144 Further, in view of the importance which it has always attached to the principle that all detained persons, including trade unionists, should be judged promptly by an impartial and independent judicial authority t, the Committee considers it necessary to obtain further information from the Government as to the procedure followed when the measures concerning the person in question were taken and as to the guarantees by which that procedure is attended.
• Allegations Contained in the Communication Dated 19 March 1960 from the Greek Federation of Workers in Electricity and Public Utility Undertakings
  145. 145 By a letter dated 29 February 1960 the Director-General informed the complaining organisation of its right to furnish further information in substantiation of its complaint within a period of one month; the complainants availed themselves of this right and forwarded information by a communication dated 19 March 1960. However, this communication consists not so much in further information substantiating their original complaint but in new allegations, made, moreover, in extremely vague terms and intended to illustrate the trade union situation in Greece. These further allegations were transmitted to the Government, which forwarded its observations thereon in a letter dated 14 April 1960.
  146. 146 The complainants allege that the Prefecture in Athens made a written demand for the dismissal of Mr. Oreste Hadjivassiliou, an employee of the Athens Gas Company and general secretary of the complaining organisation. In its reply the Government declares, on the other hand, that Mr. Hadjivassiliou is still employed by the Gas Company.
  147. 147 In May 1959, the complainants allege, following a written demand by the Athens police authorities, Mr. Ioanis Hagos, treasurer of the complaining organisation, was dismissed by the Athens Electricity Company. The Government declares in its reply that, according to information obtained from the Athens Electricity Company, the person concerned was not dismissed in May 1959 but was dismissed on 6 June 1959 pursuant to the provisions of the Act respecting cancellation of contracts of employment; he was compensated beyond the minimum required by the Act. Further, he accepted the validity of the termination of his contract and did not have recourse to the appeal procedures before the courts, which were open to him.
  148. 148 The complainants allege that in March 1959, following pressing recommendations by the Athens police, the State Monopolies Employees' Association was obliged to leave the Federation which has presented the complaint. In its reply the Government declares that the Association was, in fact, removed from the list of the Federation but that it cannot intervene in such affairs because the question of the registration or deregistration of an association by its federation is a matter solely for the occupational organisations concerned.
  149. 149 The complainants allege that the police authorities summoned Mr. Georges Tsekourloukis, secretary of the complaining organisation, on several occasions and demanded that he diminish the combativeness of his organisation. The Government declares that the police authorities never exercised any such pressure on the person concerned.
  150. 150 According to the complainants, on the demand of the police and the Government, Messrs. Thomas Dermos and Pierre Nicolaïdes, members of the executive of the complaining organisation, were dismissed in December 1959 by the Electric Transport Company and have not been re-engaged. The Government declares that, pursuant to an agreement concluded between the State and the Electric Transport Company, the Company reduced its services, this resulting in the immediate dismissal of part of its staff. More particularly, the Electric Transport Company suppressed its tram services and dismissed all the tram conductors without exception, including Thomas Dermos and Pierre Nicolaïdes.
  151. 151 Finally, the complainants allege that in February 1960 the Police Director in Piraeus summoned Mr. Mavzis, recently elected secretary of the Piraeus Gas Workers' Union and a member of the executive of the complaining organisation, and threatened him with exile if he did not resign from his union. In its reply the Government declares that the person concerned is still performing his functions as secretary of the Piraeus Gas Workers' Union in full freedom.
  152. 152 After examining the allegations of the complainants and the observations made thereon by the Government, the Committee considers that the complainants have not furnished proof to show that, in the instances alleged by them, the exercise of trade union rights has been infringed, and therefore recommends the Governing Body to decide that the allegations contained in the communication dated 19 March 1960 from the Greek Federation of Workers in Electricity and Public Utility Undertakings does not call for further examination.

The Committee's recommendations

1. 153. In these circumstances the Committee recommends the Governing Body to decide:
   • (a) with respect to the allegations relating to the arrest and deportation of Mr. Nicolas Charaghionis:
   • (i) to request the Government to furnish more detailed information as to the precise reasons which led to the measures complained against and, particularly, as to the specific activities held against the person concerned;
   • (ii) to request the Government to furnish further information as to the procedure followed when the measures concerning the person in question were taken and as to the guarantees by which that procedure is attended;
   • (b) that the allegations contained in the communication dated 19 March 1960 from the Greek Federation of Workers in Electricity and Public Utility Undertakings do not, for the reasons indicated in paragraphs 145 to 152 above, call for further examination;
   • (c) to take note of the present interim report, it being understood that the Committee will present a further report when it has received the additional information referred to in subparagraphs (i) and (ii).
     • Geneva, 24 May 1960. (Signed) Paul RAMADIER, Chairman.