Rapport définitif - Rapport No. 60, 1962

Cas no 265 (Iran (République islamique d')) - Date de la plainte: 06-MAI -61 - Clos

1. 40. The complaint of the W.F.T.U was already examined by the Committee on Freedom of Association at its 29th Session (November 1961). After that examination the Committee submitted definitive conclusions on certain aspects of the case, namely the allegations relating to the arrest of workers because of their trade union activities and those relating to certain arrests and executions. These conclusions, which were approved by the Governing Body at its 150th Session (November 1961), are contained in paragraphs 678 to 685 (a) of the Committee's 58th Report. Only the allegations still outstanding are considered below.

A. A. The complainants' allegations

• Allegations relating to Repression of the Teachers' Strike on 2 May 1961
  41. 41 The complainants alleged that, when 13,000 Iranian teachers were taking action on 2 May 1961 to secure higher salaries, the police fired on 4,000 striking teachers who were demonstrating in front of Parliament House in Teheran, that several strikers were wounded and that one of them, Abdel Hussein Khan Ali, died of his wounds.
  42. 42 In its reply of 3 June 1961 the Government stated that the strike of teaching staff mentioned by the complainants was not a trade union matter and expressed surprise that the W.F.T.U should raise questions which, in the Government's view, had nothing to do with the trade union movement and the exercise of trade union rights. The Government stated that the demands of the teaching staff had been favourably and quickly satisfied, and that the leader of the strike had become Minister of National Education.
  43. 43 At its 29th Session (November 1961) the Committee pointed out that, although the Government declared that the strike in question had nothing to do with trade union activities, it had not stated what was the real character of this movement, nor had the Government commented on the specific allegations presented by the complainants, namely that there was shooting and that one of the demonstrators, whose name was given, met his death.
  44. 44 In these circumstances, having regard to the gravity of the allegations and to the fact that the exercise of the right to strike may affect freedom of association, the Committee considered it necessary to obtain additional information from the Government before it could make recommendations to the Governing Body on that aspect of the complaint.
  45. 45 The Committee therefore recommended that the Governing Body should request the Government to state what was the real character of the strike movement if it was not of a trade union character, and also to indicate whether the alleged bloodshed did or did not occur in the course of this strike movement, whether, in particular, it was true that Mr. Abdel Hussein Khan Ali met his death, and, if so, what were the precise circumstances in which this occurred.
  46. 46 This request for additional information was transmitted to the Government of Iran by a letter dated 27 November 1961, and the Government replied on 1 February 1962.
  47. 47 In its letter the Government once more stresses the non-trade-union character of the demonstration to which the complainants refer and states that it was not organised by any trade union.
  48. 48 On the second item of information requested by the Governing Body, the Government states that a police officer accidentally fired his weapon and that this led to the death of Abdel Hussein Khan Ali; it states, however, that the authorities had given no instructions to prevent or oppose the demonstration, which ought therefore to have followed a normal course. Consequently, the Government continues, action is being taken by the judicial authorities against the officer responsible; since according to Iranian law such a person is subject to the military courts, it is before a military court that the case has been brought and is now being investigated.
  49. 49 It seems to follow from the documentation received by the Committee, namely the W.F.T.U's complaint and the Government's replies, if studied as a whole, that the movement in question had two separate phases or at least two aspects.
  50. 50 The first phase-perhaps that in which, according to the complainants, 13,000 teachers took part-appears to have originated in claims of an occupational character. These claims, according to the Government, were rapidly satisfied and the Government adds that the leader of the movement has become Minister of Education.
  51. 51 It would appear that the second phase, according to the complainants, was a trade union demonstration in which 4,000 persons took part. The Government, for its part, says that the demonstration was not organised by a trade union. The complainants and the Government agree that the incident which caused the death of Mr. Abdel Hussein Khan Ali occurred during this latter phase.

B. B. The Committee's conclusions

1. 52. As regards the precise circumstances of the fatality it does indeed appear, as the Government says, that this was an accident, or at least an isolated act committed by an individual acting in error or, in any case, on his own initiative. This interpretation appears to be confirmed by the fact that action is now being taken by the competent judicial authorities against the person responsible for non-observance of the orders of the authorities, which were to permit the demonstration to take its course without intervening.

The Committee's recommendations

1. 53. In these circumstances, since the person responsible for the death of Mr. Abdet Hussein Khan Ali is being prosecuted in respect thereof, the Committee considers that it would be inappropriate to pursue the examination of the case and recommends the Governing Body to decide that there is no ground for it to consider the matter further.