Rapport intérimaire - Rapport No. 151, Novembre 1975

Cas no 780 (Espagne) - Date de la plainte: 02-FÉVR.-74 - Clos

1. 135. The complaints relating to this case are contained in two communications, the first dated 2 February 1974 from the International Metalworkers' Federation (IMF) and the second dated 12 February 1974 from the International Union of Food and Allied Workers' Associations (IUF). The IMF communicated additional information on 12 February and 5 December 1974. The Government forwarded its observations by letters dated 10 and 14 October 1974 and 11 February 1975.
2. 136. In its communication dated 14. October 1974 the Government referred to the principle repeatedly stated by the Committee that "the fact that a government responds to a request for information on a specific complaint does not imply that it recognises the exactitude and even the validity of the complaint, but merely that it is co-operating with the Committee and the Governing Body".
3. 137. Spain has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 138. In its first communication the IMF pointed out that the attempt to negotiate a collective agreement in the Astilleros y Talleres del Nordeste de Galicia (Astano) had broken down. According to the complainants 300 workers had been suspended for 2 days, 5 for 21 days, 7 for 60 days; one worker (Mario José Rico) dismissed; three others (Ricardo Aneiros, Fernando Blanco and José Piñeiro) dismissed and jailed; a 19-year old worker (Jose Maria Freire) dismissed, jailed and fined 250,000 pesetas by the Director-General of Security. In its communication of 5 December 1974 the IMF stated that José Maria Freire Piñeiro and three of his comrades were to appear for trial before the Public Order Court charged with illegal association and propaganda following the conflict regarding claims in respect of pay and other conditions of work.
2. 139. In its letter of 12 February 1974 the IUF pointed out that two trade union officials, accused of being members of the Unión Sindical Obrera (USO), had been arrested and detained in Cadiz at the beginning of February. The officials concerned were: Esteban Camaño Bernán, Sebastiián González, José Luis Rodriguez Añino, Manuel Cañas Fernández and Isidoro Gálvez García. All, it was alleged, had been subjected to bad treatment at the hands of the police. The IMF communication of 12 February 1974 contained similar allegations. It stated that the police had intervened in the local campaigns for wage increases in Cadiz and it confirmed the arrest of the five persons named above. Finally, the complainants pointed out that the Food Workers' Federation of the USO was affiliated to the IUF and that the Metalworkers' Federation of the USO was affiliated to the IMF.
3. 140. In its communication dated 10 October 1974 referring to the incidents that occurred in the Astilleros y Talleres del Nordeste de Galicia the Government stated that, at the end of 1973, a very small group of people had engaged in causing political agitation on the pretext of obtaining a revision of the collective agreement in force, and on 30 November 1973 all work had been paralysed by some 20 persons. The Government added that not one of these persons was a workers' representative. The legitimate freely elected representatives of the workers had at no time received any requests to put forward claims respecting the application or amendment of the agreement. Nor had the agitators made any use of the procedures laid down for the lawful declaration and investigation of collective disputes (Decree No. 1376 of 29 January 1970 respecting collective labour disputes). According to the Government these agitators had attempted, by way of compulsion, to paralyse work by resorting to acts of sabotage; their aim had been to cause a political strike of a revolutionary and subversive nature. The undertaking had been closed in order to avoid damage and more serious violence. According to the Government, the investigation had established that José Maria Freire Piñeiro, José Piñeiro Arnós, Fernando Blanco, Ricardo Aneiro Sixto and Mario José Rico Orjales had promoted and actively participated in the disturbances, that they had coerced persons and caused damage to property. They had been arrested and proceedings had been initiated by the Public Order Tribunal. Mario José Rico Orjales had not been prosecuted and had been released. Ricardo Aneiro Sixto had been released and had been given back his former job in the undertaking. A fine had been imposed on José Maria Freire Piñeiro as principal leader in the disturbances.
4. 141. In its communication dated 11 February 1975 the Government repeated that the persons brought to trial had not been accused of anything they might have done as workers or trade unionists, but of membership of an illegal political association. The Government added that the case had been heard in open court on 7 December 1974, and throughout the trial and legal proceedings the accused had been assisted by a barrister and a solicitor. The court had rendered its judgment on 11 December 1974. It had ruled that the evidence adduced had not been such as to make it certain that two of the accused had been guilty of the charge brought against them and they had been acquitted. It had been proved to the satisfaction of the court that the other two of those accused had, in full knowledge and awareness, joined a branch of the so-called "Spanish Communist Party", which branch, like the party itself, was intent on bringing about, by non-peaceful means, a change in the structure of the State, and in accordance with instructions given the accused had endeavoured to make converts to the cause, and had attended meetings at which subversion was planned.
5. 142. The Government added that the court had ruled that the facts thus proved constituted the offence of illicit association as laid down in the Criminal Code; it had sentenced the two accused persons to seven months' short-term imprisonment (prisión menor) and the attendant penalties. However, the time they had already spent in detention was deducted and the court accordingly ruled that the accused were to be released unconditionally. The Government stated that the two persons sentenced were already at liberty, one having been released on 30 May and the other on 30 December 1974 before judgment had been rendered, and that both had appealed against the judgment on 14 January 1975.
6. 143. With regard to the other complaint the Government stated in its communication dated 14 October 1974 that the five persons arrested in the Province of Cadiz had been accused of promoting a subversive political organisation; they had been released on bail by order of the examining judge and three of them were still employed in the same jobs they had before their arrest. The Government added that the case would be tried when the defence councils had filed their conclusions on the formal charges.

B. B. The Committee's conclusions

1. 144. The Committee notes that, according to the complainant, the events that occurred in the Astilleros y Talleres del Nordeste de Galicia have their origin in attempts to negotiate a collective agreement, whereas the Government attributes them to agitators belonging to a branch of the Spanish Communist Party.
2. 145. Moreover, as regards the workers arrested in the Province of Cadiz, the complainants point out that the said workers are accused of belonging to the Union Sindical Obrera (USO) whose Food Workers' and Metalworkers' Federations are affiliated to international occupational secretariats, namely the International Union of Food and Allied Workers' Associations and the International Metalworkers' Federation. The Government, for its part, states that the workers concerned were accused of promoting a subversive political organisation.
3. 146. The Committee finds that it is faced with two contradictory versions of the events mentioned both in paragraph 144 and in paragraph 145 above. The evidence at its disposal does not permit it to form a definite opinion on the events. The Committee regrets that the Government has not provided more detailed information, including the text of the judgment already rendered. Nevertheless, the workers prosecuted following the events that occurred in Galicia have been acquitted or are now finally at liberty after serving their sentence. On the other hand, the workers arrested in the Province of Cadiz have been released on bail pending trial.

The Committee's recommendations

1. 147. In these circumstances the Committee recommends the Governing Body:
   • (a) with regard to the events that occurred in the Astilleros y Talleres del Nordeste de Galicia, to note that two of the accused have been acquitted and that the two others are finally at liberty after having served their sentence;
   • (b) with regard to the workers arrested in the Province of Cadiz, to note that the workers concerned have been released on bail and to request the Government to give details on the acts of which they are accused and the text of the judgment in the case together with the grounds adduced therefor; and
   • (c) to take note of the present interim report, it being understood that the Committee will submit a further report to the Governing Body when it has received the information requested in subparagraph (b) above.