Rapport intérimaire - Rapport No. 114, 1970

Cas no 567 (Israël) - Date de la plainte: 27-NOV. -68 - Clos

1. 124. The complaint and supplementary information supplied by the complainants are contained in four communications dated 27 November and 19 December 1968 and 18 January and 6 March 1969. The text of these communications was transmitted to the Government for comment.
2. 125. The Government has forwarded its observations upon various aspects of the case by three communications dated 18 February, 27 May and 26 August 1969. At its session of 27 May 1969 the Committee adjourned its examination of the case since at that time it was still awaiting the Government's observations upon other aspects as well as certain further information requested from the complainants.
3. 126. Israel has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Arrest -Mr Mohammed Gadallah
  127. 127 In a telegram dated 18 January 1969, the complainants alleged in general terms that the " Israeli occupying authorities continue violating trade union rights ". More specifically, they alleged that Mr. Mohammed Gadallah, a member of the Executive of the General Federation of Jordanian Workers, had been arrested.
  128. 128 In its observations of 18 February 1969 the Government confirms that the person in question was indeed arrested for questioning on suspicion of subversive activities. According to the Government, after being brought before a magistrate, he was released on 30 December 1968.
  129. 129 The Committee observes that the allegation, contained in a telegram, does nothing more than mention Mr. Gadallah's arrest without furnishing any evidence to prove that this measure had anything to do with his trade union office or activities. Furthermore, although given the possibility of doing so, the complainants have failed to supply any further information in substantiation of their complaint. The Committee further observes that the Government has specifically denied the complainants' assertion, declaring that the person in question, suspected of engaging in subversive activities, was merely taken into custody for questioning.
  130. 130 In these circumstances, and bearing in mind that in any case the person concerned has been released, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Attacking of the Headquarters of a Union and the Arrest of Three Trade Unionists
  131. 131 By two telegrams, dated 27 November and 19 December 1968, the International Confederation of Arab Trade Unions alleged that the Israeli authorities had attacked the headquarters of the Sewing Workers' Union in Jerusalem and arrested a member of the Union, Nabil Mohammed Saada. Two other trade unionists, Adel Ghanem and Abdel Latif Cobran, were also said to have been arrested.
  132. 132 The Director-General requested the complaining organisation to inform him whether the union mentioned in the complaint was affiliated to it, to which the complaining organisation replied in the affirmative by a communication dated 6 March 1969.
  133. 133 The Government, to whom the text of the allegations was accordingly transmitted, denies in its communication of 27 May 1969 that the arrest of Mr. Nabil Mohammed Saada had anything whatsoever to do with his trade union activities, and declares that there is no truth in the allegation of an " attack " upon the headquarters of the Sewing Workers' Union in Jerusalem. The Government states that Mr. Saada was one of " a group of terrorists " intercepted by the security forces while leading a caravan of camels loaded with " explosives, weapons and ammunition ". " The group opened fire," declares the Government, " and during the ensuing encounter Saada was captured. He is now under arrest and awaiting trial."
  134. 134 As far as Messrs. Adel Ghanem and Abdel Latif Cobran are concerned, the Government states that they " do not appear on the list of detained persons and are not known to the Israel authorities ".
  135. 135 According to the Government, the " loose charges " contained in the communications of the complaining organisation are completely unfounded and are made merely for propaganda purposes.
  136. 136 The Committee observes that the allegations in question were made in the briefest possible terms and give no details either as to the circumstances in which the alleged attack on the headquarters of the Sewing Workers' Union took place or as to the trade union functions performed by the three persons named, or as to the possible bearing these trade union functions might have upon their arrest. The complainants have not taken advantage of their right to furnish more specific information in substantiation of their allegations. Furthermore, the Government, in its observations, categorically denies that the headquarters of the union mentioned were ever attacked, supplies details concerning the arrest of one of the persons named-on grounds which, according to these observations, had no connection with his trade union activities-and states that the other two are not on the list of detained persons and are not known to the authorities.
  137. 137 In these circumstances, in the light of the Government's comments and the fact that the complainants have failed to supply any information in substantiation of their allegations, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Arrest of Eight Trade Unionists
  138. 138 By a letter dated 8 July 1969, the complaining organisation furnishes fresh information said to have been supplied to it by the General Federation of Jordanian Trade Unions, affiliated to the complaining organisation. This information consists in a list of eight persons, with exact details of their trade union functions and the type of action-arrest, imprisonment or exile-taken against them by the Israeli authorities. These persons are Mahmood Mohammed Sharbiny, Zakiya Khalil Hamdan, Mohammed Jad-Ullah, Mihel Sindaha, Jakoob Farraj, Naim Kublany, Nabil Kublany and Walid Al-Aghbar.
  139. 139 In its communication of 26 August 1969, the Government states that it will examine and investigate the details of these new allegations and forward its observations in due course.
  140. 140 The Committee recommends the Governing Body to decide, in the light of the statement mentioned in the preceding paragraph, to adjourn examination of this aspect of the case pending receipt of the Government's observations.

The Committee's recommendations

1. 141. In these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to decide, for the reasons set forth in paragraphs 129 and 130 above, and in paragraphs 136 and 137 above, respectively, that the allegations relating to the arrest of Mr. Mohammed Gadallah and the allegations relating to the attacking of the headquarters of a union and the arrest of three trade unionists do not call for further examination;
   • (b) to decide, in the light of the Government's statement that it will forward its observations in due course in respect of the allegations contained in the complainants' communication of 8 July 1969, to adjourn examination of these allegations pending receipt of the Government's observations.