Rapport définitif - Rapport No. 15, 1955

Cas no 113 (France) - Date de la plainte: 27-SEPT.-54 - Clos

A. A. The complainants' allegations

1. 29. The Committee had before it three complaints, all dated 27 September 1954. The first, addressed to the Secretary-General of the United Nations and transmitted by him to the I.L.O, emanates from the Trade Union International of Transport, Port and Fishery Workers (W.F.T.U) ; the second was addressed directly to the I.L.O by the Trade Union International of Workers in the Building, Wood and Building Materials Industries (W.F.T.U) ; and the third was addressed by the latter organisation to the Secretary-General of the United Nations and transmitted by him to the I.L.O. As the three complaints have the same purpose - the last two complaints, in fact, are completely identical - they will be analysed together.
2. 30. The complainants allege that, following the events of 8 December 1952 in Casablanca, in the course of which the trade union hall was occupied by the police, and which constituted a deliberate provocation with the object of depriving the trade union organisations of their leadership, 13 Moroccan leaders of the General Union of Confederated Trade Unions of Morocco, whose names are given in the complaint presented by the Trade Union International of Transport, Port and Fishery Workers, were incarcerated in the Kenitra prison or deported to South Morocco, although no judgment had been given against them.
   • ANALYSIS OF THE REPLY
3. 31. In a letter dated 16 February 1955, the French Government emphasises that the 13 Moroccan trade unionists referred to as being in prison or in exile are all at present enjoying their freedom. Twelve of them, accused of endangering the internal safety of the State in December 1952, following the events in Casablanca of which the complainants, according to the Government, give a manifestly inaccurate version, were liberated after the competent court had dismissed the charges made against them on 28 September 1954. The thirteenth, caught red-handed on several occasions when distributing pamphlets contrary to public order, was arrested in May 1954 and set free a few days later. Having resumed his subversive activities, he was placed under surveillance by an Order dated 31 July 1954, which was revoked on 30 December 1954.

B. B. The Committee's conclusions

1. 32. In its Twelfth Report, the Committee was called upon to examine a number of complaints relating to the exercise of freedom of association in Morocco. While it did not reach conclusions on various allegations relating to the non-recognition of certain trade union rights of Moroccan workers, which still remain before it in Case No. 16, the Committee decided that, subject to the observations made in paragraphs 397 and 398 of that Report, various allegations relating to measures taken against trade union officials and to the repression of movements in favour of social demands did not call for further examination. The Committee's conclusions on this point were approved by the Governing Body at its 124th Session (Geneva, March 1954).
2. 33. The complaints now before the Committee contain a further allegation, in specific terms, with respect to the detention of 13 Moroccan trade unionists, whose names are given by the complainants.
3. 34. In its reply, the Government declares that the 13 persons in question are at present all enjoying their freedom. Twelve of them, accused of endangering the internal safety of the State in December 1952, have been set free following the dismissal of the charges by the competent court on 28 September 1954, that is to say subsequent to the presentation of the complaints. The thirteenth person, who had on several occasions been caught in the act of distributing pamphlets contrary to public order, was arrested in May 1954, set free a few days later and then placed under surveillance for having resumed his subversive activities ; but he also has again been free since 30 December 1954.

The Committee's recommendations

1. 35. Although recognising that the critical situation at present existing in Morocco may sometimes necessitate the adoption of measures for the purpose of maintaining public order, the Committee wishes, having regard to the fact that the preventive detention of the persons concerned was not terminated until the end of September 1954, whereas the facts giving rise to this detention dated back to the month of December 1952, and that the detention was terminated as the result of charges being dismissed by the court, to express its regret at the slowness in the preparation of the case and the interference with their operation which the trade union organisations, to which the persons concerned belonged, must have experienced solely as a result of the prolonged detention of their leaders. It notes, however, that the allegation relating to the detention of 13 Moroccan trade union militants, which was communicated only on 27 September 1954, has now become purposeless as a result of the liberation of the persons concerned, and, accordingly, recommends the Governing Body to decide that the present complaint does not call for further consideration.