Rapport intérimaire - Rapport No. 208, Juin 1981

Cas no 999 (Türkiye) - Date de la plainte: 17-SEPT.-80 - Clos

342. The Committee already examined these cases at its February 1981 Session when it submitted an interim report to the Governing Body. Since then, the World Confederation of Labour (WCL) has supplied additional information in support of its complaint in a communication dated 1 April 1981. For its part, the Trade Unions International of Chemical, Oil and Allied Workers (ICPS) has also submitted allegations in a communication dated 9 March 1981. The Government, in turn, supplied its observations in letters dated 7 and 11 May 1981. In addition, the WCL supplied information on 6 May 1981, which has been transmitted to the Government.

1. 342. The Committee already examined these cases at its February 1981 Session when it submitted an interim report to the Governing Body. Since then, the World Confederation of Labour (WCL) has supplied additional information in support of its complaint in a communication dated 1 April 1981. For its part, the Trade Unions International of Chemical, Oil and Allied Workers (ICPS) has also submitted allegations in a communication dated 9 March 1981. The Government, in turn, supplied its observations in letters dated 7 and 11 May 1981. In addition, the WCL supplied information on 6 May 1981, which has been transmitted to the Government.
2. 343. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
3. 344. The complaints in question related principally to the imprisonment and violent death of trade unionists, the restrictions imposed on the trade union activities of the Confederation of Unions of Progressive Workers (DISK) and the Confederation of Unions of Nationalist Workers (MISK) and numerous trade union organisations affiliated to them, and the general abolition of the right to strike and the right of collective bargaining.

A. Imprisonment, death and disappearance of trade unionists

1. 345. In their various communications, the complainants alleged that a large number of trade unionists had been arrested following the change of regime which took place in Turkey on 12 September 1980. They communicated the names of nearly 100 trade unionists who had been arrested, together with their position and trade union functions and the place of detention, usually in military prisons, while specifying that most of them were held in custody and forbidden to communicate with their lawyers. The period of remand in custody without trial had been increased from 30 to 90 days. The trade unionists had been arrested by order of the Istanbul military court and charged with establishing and participating in an illegal organisation whose aim is to achieve the domination of one class over the others. Lastly, the complainant organisations stated that Ahmed Hilmi Feyzioglu, legal adviser to the Metalworkers' Union (MADEN-IS), had been tortured to death.
2. 346. In its replies, the Government indicated that the armed forces had assumed power in order to re-establish and revive a free, democratic regime based on respect for fundamental rights and freedoms. More specifically, the Government stated that the insecurity and disorder prevailing in the country and the incapacity of the existing structures to halt the escalation of violence had made the operation necessary and inevitable. It acknowledged that the DISK leaders mentioned by the complainants had been arrested by decision of the competent tribunal. It added that they were accused of infringing sections 141, 142 and 146 of the Penal Code, the provisions of Act No. 1402 on the state of emergency and those of Act No. 6136 on firearms, and were being held in custody for a period of 30 days, renewable by decision of the competent magistrate for successive 20-day periods, up to 90 days at most. According to the Government, certain trade union leaders had been charged with instigating illegal strikes, in particular, and had been brought before the courts.
3. 347. In its conclusions of February 1981, the Committee pointed out that imprisonment for participating in a strike involved a serious risk of abuse and grave danger for freedom of association and requested the Government to review the situation regarding detention on such grounds. Concerning the trade union leaders and militants who, according to the Government, had been charged with common law offences, in particular attempts to achieve the domination of one class over the others, the formation of associations aimed at reversing the social order, attempted coups d'état, infringement of the Act on firearms, etc., and who were being held in custody, the Committee stressed the importance it attaches to the principle that any person arrested should enjoy the guarantees of due process of law, be allowed the necessary facilities for preparing his defence and be able to communicate with the counsel of his own choice.
4. 348. On the issues as a whole the Committee, at its February 1981 Session, noted that the imprisoned trade union militants and leaders faced extremely heavy penalties, which might be made even heavier merely because they were trade unionists, and pointed out that penal provisions discriminating against trade unionists constitute a serious impediment to the exercise of trade union rights. It requested the Government to supply information on the development of the situation of the persons imprisoned, in particular on any measures of release which might be taken and, in the event of any sentences, to transmit the relevant judgements together with the reasons adduced therefore.
5. 349. The Committee also urgently requested the Government to state whether it was true that Mr. Hilmi Feyzioglu was no longer alive and to transmit the findings of any judicial inquiry concerning his possible death.
6. 350. Since the Committee's last session, the WCL has sent a communication dated 1 April 1981 stating that 126 death sentences were demanded in a single day by the military prosecutors at Ankara, Izmir and Istanbul. The military Government, adds the WCL, has a tendency to call anyone opposed to its policy an "extremist" or a "subversive" so as to be able to pronounce death sentences. It requests the ILO to approach the Turkish authorities with a view to ensuring that due processes of law are observed and draws attention again to the fact that the trade unionists arrested have not yet been able to communicate with their lawyers.
7. 351. In a communication dated 9 March 1981 the ICPS, for its part, stresses that seven leaders of the Petroleum, Chemical and Petrochemical Workers' Union (PETKIM-IS), five leaders of the Ceramic Workers' Union (KERAMIK-IS), seven leaders of the Rubber Workers' Union (LASTIK-IS), two leaders of the Glass Workers' Union (HURCAM-IS) and the President of the Paper Workers' Union (TUMKA-IS) have been arrested. The unions to which they belong are all affiliated to the DISK. The names of most of the imprisoned trade unionists mentioned by the ICPS are given in the annex to the Committee's 207th Report on Cases Nos. 997 and 999. The ICPS also gives the names of the leaders of the Petroleum, Chemical and Petrochemical Workers' Union who have been arrested, viz. Mustafa Karadayi, Kemal Deriner, Kadir Guler, Esref Okumus, Niyazi Kizilay, Dervis Serin and Adil Sismek. The ICPS also alleges that a number of trade unionists are missing, but without specifying their names.
8. 352. In a communication dated 7 May 1981, the Government, for its part, states that 113 trade unionists were released on 24 April, but does not mention any of their names. It acknowledges that there are 195 trade unionists under arrest at present.
9. 353. Regarding the death on 2 October 1980 of Mr. Ahmet Hilmi Feyzioglu, barrister at the Bar of Bursa and legal adviser to the Metalworkers' Union (MADEN-IS), the Government supplies the following particulars: Mr. Feyzioglu, who apparently was using the union's premises as living quarters, was taken in custody when the union was closed down and brought to the criminal Investigation Department. On 2 October 1980, according to the Government, he threw himself out of a window of a room on the 5th floor, when he was waiting in the presence of another accused, by the name of Necati Kartal, after being questioned. He died the same day of the wounds caused by the fall. The public prosecutor immediately opened an inquiry into the circumstances of his death, as is always done in such cases. An autopsy was made, a panel of experts convened and witnesses heard. The inquiry concluded, on 13 October 1980, that the cause of death was suicide. The panel of experts and the forensic pathologist specified in their reports that the corpse showed no signs of trauma other than those caused by the fall and no sign of ill treatment prior to death. The case was therefore filed by the public prosecutor. Mr. Feyzioglu's relatives appealed against this decision to the assize court of Bilecik. On 23 December the court, after reviewing the case, confirmed the decision of the public prosecutor of Bursa.
10. 354. Lastly, the Government denies that heavier sentences will be imposed on the accused merely because they are trade unionists.
11. 355. In a letter dated 11 May 1980 the Government, in reply to the allegations made by the ICPS that trade unionists are missing, also states that no one in Turkey has disappeared involuntarily. This does not rule out the possibility that some persons may have preferred voluntarily "to disappear" abroad in order to evade legal proceedings.
12. 356. At the same time, in a communication of 6 May 1981, which was transmitted to the Government so that it could make its observations, the WCL, given the worrisome situation presently existing in Turkey, requested an action from the ILO, in whatever form it considered appropriate, in order to send a representative or a mission to Turkey to intervene with the Turkish authorities, and to make inquiries regarding the situation concerning: the treatment of prisoners, development of the trials, the trade union rights and liberties, their leaders and members.
13. 357. The Committee, for its part, expresses its deep concern at the seriousness of the allegations of which it was informed and, in particular, as concerns the circumstances of the death of Mr. Hilmi Feyzioglu, legal adviser to the MADEN-IS trade union, which occurred during his detention at the Criminal Investigation Department. It can only deplore this lamentable occurrence and urge the Government to take the strictest possible measures to see that such events do not occur again.
14. 358. Furthermore, since the trade unionists arrested have not yet been able, according to the WCL, to communicate with their lawyers, the Committee recalls the importance which it attaches to the need in every case, including cases where trade unionists are charged with political or criminal offences which the Government considers to be foreign to their trade union activities, for the persons in question to be judged by an independent judicial authority in the presence of their counsel. As it has pointed out in other cases, the Committee considers that the individuals concerned should be presumed innocent until proved guilty and that it is incumbent upon the Government to show that the measures taken by it were in no way occasioned by the trade union activities of the persons concerned.
15. 359. The Committee also observes that the Government has announced the release of 113 trade unionists. However, it has provided no information about the fate of 92 persons whose names are given in the annex to the 207th Report on Cases Nos. 997 and 999.
16. 360. The Committee recalls that the leaders detained in the Denutpasa, Metris and other military prisons belong, according to the WCL and the ICPS, to unions of workers in the public service, the metal trades, textiles, the hotel and catering industry, the food industry, agriculture, the rubber industry, the graphic arts, ceramics, transport, health, glass making, paper manufacturing, military shipbuilding, cement works, gas, electricity and water, the footwear and leather industry, the wood industry, banking, the petroleum, chemical and petrochemical industry, and the office employees' union, all of which are affiliated to the DISK.
17. 361. Since, according to the WCL, 126 death sentences have been demanded by the military prosecutors, the Committee expresses its deep concern about the trial of the DISK leaders and the heavy sentences, including the death penalty, to which the trade unionists are liable. Consequently, it requests the Government to transmit its observations on the subject and to supply as precise information as possible on the situation of each of the persons whose names were communicated by the WCL and the ICPS and which are given in the annex to the 207th Report and in paragraph 351 of this report.
18. 362. With regard to the allegations concerning the disappearance of trade unionists, and in the absence of any information about the identity of the missing persons, the Committee takes note of the Government's reply that no one has disappeared involuntarily.
19. 363. The Committee notes besides that more than once, the WCL had asked for a representative or a mission to be sent to Turkey in order to intervene with the Turkish authorities, and to make inquiries regarding the situation on the treatment of prisoners, development of the trials, the trade union rights and liberties, their leaders and members.

B. Suspension of trade union Confederations and organisations and restrictions on trade union activities

1. 364. The complainant organisations alleged that the military authorities had suspended the activities of the Confederation of Unions of Progressive Workers (DISK) and the Confederation of Unions of Nationalist Workers (MISK) and numerous trade union organisations affiliated to them and had frozen their assets. In addition, the main trade union activities, including collective bargaining and the right to strike, had been suspended.
2. 365. In its reply, the Government stated that the measures taken were intended to safeguard public order since information available to it had revealed the existence of organic links and co-operation between certain illegal clandestine organisations responsible for terrorist acts and certain unions. The Government confirmed that, in order to safeguard the financial interests and ensure the administration of the trade unions whose activities had been suspended, an Act providing for the appointment of trustees by the courts had been promulgated. Lastly, the Confederation of Trade Unions of Turkish Workers (TURK-IS), which according to the Government is, by reason of its membership and the number of affiliated trade unions, the major workers' organisation, was continuing to function normally. It claimed that no legislative action had been taken to limit or prohibit trade union activities, with the single temporary exception of the suspension of strikes until further notice. In connection with collective bargaining, the Government added, workers who were taking, part in collective bargaining, which was interrupted following the suspension of their union's activities, would initially be granted a wage increase of 70 per cent. Subsequently, an Act providing for the establishment of a High Arbitration Commission composed of employers and workers and responsible for taking decisions on the conclusion of collective bargaining and resolving possible disputes, would be adopted. This machinery, the Government explained, was not intended to replace the existing system of collective bargaining but was designed as a form of appeal in exceptional circumstances.
3. 366. At its February 1981 Session, the Committee first recalled that a genuinely free and independent trade union movement can develop only if basic human rights are respected. It also expressed the firm hope that the suspended Confederations and organisations would be reinstated and that the new general trade union legislation would be in full conformity with the principles of freedom of association and collective bargaining. Further, it recalled that the suspension of strikes and collective bargaining constitutes a major restriction on one of the essential means whereby workers and their organisations can promote and defend their interests. In this connection, it noted that an Act establishing a High Arbitration Commission had just been adopted and requested the Government to supply this text so as to enable it to make an informed appraisal of the situation.
4. 367. In its communication of 7 May 1981, the Government states that the future of the suspended organisation depends on the outcome of the judicial proceedings and maintains that the new trade union legislation will be consistent with the principles set forth in the international instruments existing in this field. It stresses the temporary nature of the restrictions on the exercise of certain trade union rights, rendered necessary by a severe national crisis. The Government transmits the text of the Act establishing the High Arbitration Commission, which is entitled Act Respecting The Re-entry Into Force Of Collective Agreements Expired In Cases Of Social Necessity.
5. 368. The Committee takes note of the information supplied by the Government. However, it must note with regret that the trade union Confederations and organisations, namely the DISK and the MISK and their affiliated unions, are still suspended. In this connection, the Committee reiterates that the suspension by administrative authority of trade union organisations constitutes a serious restriction of the right of workers' organisations to elect their leaders in full freedom and to organise their administration and activities. The Committee has taken note of the Government's statement that the future of these organisations depends on the outcome of the judicial proceedings under way. In this respect, it considers that the Government should give priority to lifting the measures of suspension so long as the judicial authorities have not taken a decision on the alleged contraventions. On this point the Committee recalls that dissolution of trade union organisations by the courts must be based solely on serious and duly proved grounds. More particularly as regards the suspension of the right to strike, the Committee considers that this restriction should not be extended beyond a reasonable period.
6. 369. The complainants had also reported the suspension of collective bargaining. During the Committee's previous examination of these cases, the information supplied by the Government seemed to indicate that collective negotiations had been frozen for a certain period but that recently adopted legislation again permitted the development of collective bargaining and the intervention of a High Arbitration commission for settling disputes pending where negotiations had failed. On examining the Act respecting the re-entry into force of collective agreements expired in cases of social necessity, the Committee has noted the tripartite nature of the High Commission's membership. However, it appears that the law is applicable in instances and places where strikes are prohibited. A case may be laid before the High Commission, which is empowered to take a final decision on collective disputes arising from differing interpretations of the provisions of a collective agreement, by a workers' organisation or an employers' organisation party to the agreement or by the Regional Directorate of Labour. In the general context of suspension of the right to strike now existing in Turkey which conflicts with the exercise of trade union rights when extended beyond a reasonable period - the Committee trusts that the Government will not resort to this procedure to obtain, through compulsory arbitration, restrictive interpretations of the provisions of collective agreements negotiated by the two sides of industry.

The Committee's recommendations

1. 370. In these circumstances, the Committee recommends the Governing Body to approve this interim report and in particular the following conclusions:
   • As regards the cases as a whole, the Committee first wishes to express its concern at the seriousness of the allegations which continue to be brought to its knowledge.
   • While noting with interest that 113 imprisoned trade unionists have been released, the Committee notes with concern that there are still 195 trade unionists under arrest. Furthermore, since 126 death sentences have been demanded by the military prosecutors, according to the complainants, the Committee expresses its deep concern about the trial of the trade union leaders and the heavy sentences, including the death penalty, to which the trade unionists are liable.
   • The Committee notes with regret that the Government has not supplied any detailed information about the situation of the trade unionists whose names were mentioned by the complainants. Consequently, it requests the Government to supply as precise information as possible about the situation of those whose names are given in the annex to the 207th Report concerning these cases and in paragraph 351 above.
   • The Committee also deplores the circumstances of the death of Mr. Hilmi Feyzioglu, legal adviser to the MADEN-IS trade union, which occurred during his detention at the Criminal Investigation Department, and urges the Government to take the strictest possible measures to ensure that such events do not occur again.
   • Concerning the suspension of the DISK and the MISK and trade union organisations affiliated to them, the Committee notes with regret that these organisations are still under government control. In this connection, the Committee recalls that it had expressed the hope that the suspended Confederations and organisations would be reinstated. It therefore firmly trusts that the Government will give priority to lifting the measures of suspension since the judicial authorities have not taken a decision on the alleged contraventions and requests the Government to keep it informed of the situation and any measures taken to give effect to the recommendation it made previously.
   • Lastly, the Committee calls the Government's attention to the concerns it has expressed about the suspension of the right to strike and the restrictions which apparently still exist in connection with collective bargaining. It expresses the firm hope that the new legislation on freedom of association announced by the Government will enable trade union activities in the country to return to normal shortly and requests the Government to supply any information on the development of the trade union situation.
   • Finally, the Committee notes that the world Confederation of Labour requests that a representative or a mission be sent to Turkey in order to make inquiries regarding the situation concerning the treatment of prisoners, development of the trials, the trade union rights and liberties, their leaders and members. The Committee empowers its Chairman to contact the representatives of the Government of Turkey at the next session of the International Labour Conference so as to discuss the questions pending in these cases and in particular with a view to the possibility of a direct contacts mission to Turkey.