Rapport définitif - Rapport No. 27, 1958

Cas no 164 (Etats-Unis d'Amérique) - Date de la plainte: 08-MAI -57 - Clos

A. A. The complainants' allegations

1. 54. In a communication received by the I.L.O on 8 May 1957 the complainants allege that a Greek seaman and trade unionist, Mr. Petros Moutsos, was arrested by the American authorities in New York on 7 April 1957 and that, without warning to himself or his lawyer, he was placed on an aeroplane bound for Greece on the same day, although the result of his appeal to the " court of immigration " of Vermont was still awaited. It is alleged that he was not even given time to see his wife or collect his luggage. Instead of being allowed to go to Czechoslovakia, the country which had agreed to give him asylum, he was deported to Greece, where, according to the complainants, he would be subjected to solitary confinement, torture, interrogation and prison or exile. The complainants criticise the deportation as an attack on the trade union rights of Greek seamen.
   • ANALYSIS OF THE GOVERNMENTS' REPLIES
2. 55. In a communication dated 15 July 1957 the Government of the United States declares that on 10 October 1955 Mr. Moutsos arrived at an American port as a member of the crew of the S.S. Union Messenger and deserted his ship and remained unlawfully in the United States. On 10 December 1956 he was found on board the S.S. Atlantic Air, at Baltimore, and was served with an order to show cause and warrant of arrest. At a hearing on 18 December he was found to be deportable as an alien who, after admission as a non-immigrant, had remained in the United States for a longer time than permitted. The order for his deportation became final when, on 31 January 1957, the Board of Immigration Appeals dismissed his appeal. His application for withholding of deportation under section 243 (h) of the Immigration and Nationality Act was denied on 29 March 1957, as the record failed to establish that he had any reason to fear physical persecution if deported to Greece.
3. 56. In a communication dated 17 September 1957 the Greek Government declares that there is no basis for the allegation that Mr. Moutsos was deported to Greece and that he was to be persecuted and tortured by the Greek police. The Government reveals that a warrant for the arrest of Mr. Moutsos on a charge of disobedience was issued by the Piraeus Permanent Court of Admiralty, but declares that Mr. Moutsos did not arrive in Greece. According to an issue of a Greek Communist newspaper appearing in New York on 19 April 1957, states the Government, Mr. Moutsos escaped in Paris when being transported to Greece.

B. B. The Committee's conclusions

1. 57. In cases Nos. 701 and 1382 relating to the United States and Greece, the Committee has already been called upon to examine allegations that Greek seamen have been deported by the authorities in the United States pursuant to the provisions of the Immigration and Nationality Act, 1952. In Case No. 1383 the Committee recalled the principle that it had expressed in earlier cases that it was not called upon to deal with the general question of aliens not covered by international Conventions and that in such circumstances, the question being primarily one of the admission of aliens rather than of respect for a general human right, particularly cogent evidence of an infringement of trade union rights would be necessary. In Case No. 138 - as also in Case No. 70 earlier - the Government of the United States pointed out that the deportation measures attacked had been taken with respect to persons who, having overstayed their leave or for other reasons, were found to be illegally in the United States, the proceedings leading up to the deportations being attended by all the guarantees provided for by law in the case of foreigners in general. The Committee, in both cases, reached the conclusion that the complainants had not furnished proof to show that any trade union rights had been infringed.
2. 58. In the present case, while the complaining organisation makes a general claim that the deportation of Mr. Moutsos infringed the trade union rights of Greek seamen, it adduces no evidence in support of this allegation. On the other hand, the Government of the United States emphasises that the deportation proceedings taken in the case of Mr. Moutsos were taken against him, like those against persons in the earlier cases mentioned, pursuant to the legislation governing the position of aliens in the territory of the United States and on the ground of his having stayed in that territory for a period longer than is permitted by law. These proceedings included both the original hearing, as a result of which Mr. Moutsos was found to be deportable as an alien who had stayed in the United States beyond the period legally permitted, and the appeal proceedings, which resulted in the previous decision being confirmed.

The Committee's recommendations

1. 59. In these circumstances, the Committee considers that the present allegations regarding Mr. Moutsos add no new elements to the allegations regarding other persons already considered in previous cases, and especially in Case No. 138, and for this reason, therefore, also bearing in mind that Mr. Moutsos appears to have regained his freedom of movement in Paris without ever reaching Greece, recommends the Governing Body to decide that the case does not call for further examination.