Rapport intérimaire - Rapport No. 56, 1961

Cas no 224 (Grèce) - Date de la plainte: 15-FÉVR.-60 - Clos

1. 165. This case was examined by the Committee at its 25th (May 1960), 26th (November 1960) and 27th (February 1961) Sessions. Subsequent to the first two of these meetings the Committee submitted to the Governing Body preliminary reports, which will be found respectively in paragraphs 138 to 153 of its 47th Report and 266 to 281 of its 49th Report; the 47th Report was approved by the Governing Body at its 145th Session (27-28 May 1960), and the 49th Report at its 147th Session (15-18 November 1960).
2. 166. The complaint of the Greek Federation of Workers in Electricity and Public Utility Undertakings examined by the Committee on these two occasions contained two sets of allegations. The first group related to the arrest and deportation of Mr. Nicolas Charaghionis, formerly General Secretary of the complainant organisation, while the remainder related to the general situation of the trade union movement in Greece, specific charges being advanced in support of them.
3. 167. As regards the latter series of allegations the Committee, after examining the complaint and the reply of the Government, considered that the complainants had not furnished adequate proof that, in the instances alleged by them, the exercise of trade union rights had been infringed. It therefore recommended the Governing Body to decide that that aspect of the case did not call for further consideration on its part.
4. 168. At its meeting in February 1961 the Committee decided to defer examination of the case pending receipt of certain additional information on the outstanding allegations, promised by the Government, and of comments from the Government on the new allegations which had just been submitted by the complainants.

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
  169. 169 As regards the allegations concerning the arrest and deportation of Mr. Charaghionis, the Committee, at its meetings in May and November 1960, noted that, while the complainants complained that the steps taken against Mr. Charaghionis were taken in consequence of his trade union activities, the Government claims that those activities were purely political in character and that the measures taken had in fact been taken because he had indulged in illegal activities totally unconnected with his trade union work.
  170. 170 The Committee first of all recalled, as it had in a number of earlier cases, that the application of certain measures of a political character, although they may not be intended to restrict trade union rights as such, may nevertheless affect the exercise of such rights. It also recalled that if, in certain cases, it had reached the conclusion that allegations relating to measures taken against trade union militants did not call for further examination, this had been after it had received information from the Government showing sufficiently precisely and in sufficient detail that the arrests were in no way occasioned by trade union activities but purely by activities outside the trade union sphere which were either prejudicial to public order or of a political character. The Committee observed that the Government, in its various replies, had failed to give any indication of the nature of the activities which had led to the steps being taken against the person concerned. The Committee therefore considered it necessary, if it were to be able to form a judgment with full knowledge of the facts, to obtain more detailed information from the Government concerning the specific reasons which led to the measures complained against, and particularly concerning the specific activities held against the person concerned; it made a recommendation to that effect to the Governing Body.
  171. 171 In a communication dated 3 February 1961 the Government provided the following information on these points: Mr. Charaghionis, who had been a militant Communist for many years, had been taking advantage of his position within a trade union to carry on intensive propaganda among the workers and to recruit Communist militants; his activities could certainly not be considered as normal trade union activities; they were, in fact, tantamount to a conspiracy against the State. Although Mr. Charaghionis had been convicted several times on account of these activities-but on each occasion his sentence was suspended in the hope that he would in future behave in a law-abiding manner-he continued his efforts to reorganise the underground Communist party. For these reasons his deportation was finally ordered by the competent authorities-that is to say the public security committees.
  172. 172 It appears, from the explanation given by the Government, that Mr. Charaghionis was in fact carrying on political activities clearly unrelated to his trade union work and that the steps taken against him were taken on account of that activity and not on account of his trade union activities as such.
  173. 173 In the circumstances the Committee considers that the complainants have not provided sufficient proof that the measures taken against Mr. Charaghionis were taken on account of his trade union activities, and, therefore, recommends the Governing Body to decide that this particular aspect of the case does not call for further examination.
  174. 174 As regards the procedure followed in the taking of the measures impugned, that is to say, the procedure of the public security committees, the Committee, at its November 1960 Session, recalled that it had to consider cases in which that procedure had been attacked. On those occasions it had considered that, in so far as the measure instituting public security committees was introduced for exclusively political purposes, the Committee was not called upon to express any view on their institution or on the procedure followed before them, under which persons may be deported for having committed acts contrary to the maintenance of public order or to the safety of the State. While recognising that the procedure might be motivated by the critical situation in Greece at the time of the Civil War - a situation of which it had had to take account when examining allegations submitted to it on earlier occasions - the Committee nevertheless, at its meeting in November 1960, once again drew the Government's attention to the desirability of ensuring that that procedure was attended by all the necessary safeguards to guarantee that it could not be utilised with the object of restricting the free exercise of trade union rights and to the importance which it attached to the principle that trade unions should be able to perform in freedom their mission of defending the occupational interests of their members.
  175. 175 In its communication dated 3 February 1961 the Government stated that it had nothing to add to its previous observations on the functioning of the public security committees. It did, however, state that " legitimate functioning of those committees " had been discussed at a full meeting of the Council of State, which had ruled that their functioning did not conflict with the law or the provisions of the Constitution. It added that a copy of the Council of State's decision would be transmitted to the Office.
  176. 176 At its meeting in February 1961 the Committee, considering that this text might provide it with useful material which would help it to reach a conclusion, decided to defer consideration of this aspect of the case pending its arrival.
  177. 177 The Government sent the text of the Council of State's ruling in a communication dated 17 April 1961. This ruling, which was adopted as a result of an appeal lodged by a person who had been deported on the decision of a public security committee, does, as the Government stated, confirm the legitimacy of the existence and functioning of these committees. However, it contains no new information on the nature of those committees; it merely confirms the impression the Committee on Freedom of Association had formed during the examination of the cases mentioned earlier when it states that deportations ordered by the committees " are not punishments meted out in respect of a punishable offence committed but administrative measures of a preventive character taken to preserve public order and security ".
  178. 178 In the circumstances the Committee considers that there is no reason to amend the conclusions it has reached on this subject on a number of earlier occasions, and which it confirmed once again during its examination of this case in November 1960 (see paragraph 174 above).
• Allegations relating to the Arrest and Deportation of Other Trade Union Leaders
  179. 179 In two communications dated 13 and 27 January 1961 the complaining organisation submitted new allegations to the effect that some 20 other trade union leaders (their names and particulars are given) have been arrested and deported without trial on account of their trade union activities.
  180. 180 In its reply, dated 15 April 1961, which contains observations on this new series of allegations, the Government states that all the persons mentioned by the complainants were deported for purely political reasons, which had consequently no connection with the trade union status or activities of the persons concerned. However, it refrains from giving any details concerning the specific acts which those persons had committed and on the grounds on which they had been deported.
  181. 181 In the circumstances, in accordance with the practice it has constantly followed, which is set out in paragraph 170 above, the Committee, in order to be able to form a judgment with full knowledge of the facts, will no doubt consider it necessary to obtain from the Government more precise information on the exact grounds for the deportation of the 20 persons mentioned by the complainants and the specific acts which each is alleged to have committed. Pending receipt of that information the Committee has decided to defer consideration of this aspect of the case.

The Committee's recommendations

1. 182. As regards the case as a whole the Committee recommends the Governing Body:
   • (a) to decide that, for the reasons given in paragraphs 169 to 178 above, and subject to the observations contained therein, the allegations concerning the arrest and deportation of Mr. Charaghionis do not call for further examination;
   • (b) to take note of the present interim report as regards the allegations concerning the arrest and deportation of other trade union leaders, it being understood that the Committee will report again when it has received the supplementary information referred to in paragraph 181 above.