Rapport définitif - Rapport No. 243, Mars 1986

Cas no 1308 (Grenade) - Date de la plainte: 28-SEPT.-84 - Clos

1. 63. The World Federation of Trade Unions (WFTU) presented a complaint of violations of trade union rights in a communication dated 28 September 1984. On 25 June 1985 and 6 January l986 the Government's Ministry of Labour requested copies of the complaint stating that its correspondence pertaining to the case had been misplaced or lost during its recent change of location. The Government sent its observations on the case in a communication dated 30 January l986.
2. 64. Grenada has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87). It has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. The complainant's allegations

1. 65. In its letter of 28 September 1984, the WFTU alleges that the Government is holding Chester Humphrey, President of the Trade Union of Technical and Allied Workers, and intends to extradite him on the basis of false accusations to the USA in order to deprive the trade union movement of one of its most dedicated leaders. According to the WFTU, Mr. Humphrey is detained in Rupert Prison, where all political prisoners are held, in inhumane conditions lacking basic hygiene and sharing a cell with a mentally-ill inmate. It alleges that he is in a serious physical condition that has been further aggravated since he began a hunger strike in support of his release and in protest against the US Government's contention that he be judged by American courts.
2. 66. The WFTU points out that there is no extradition treaty between the Governments of Grenada and the United States, and fears that the head of the Grenada Interim Council, set up by the occupation forces, will accept the request for extradition.

B. The Government's reply

1. 67. In its letter of 30 January l986, the Government states that the Grenada Court of Appeal earlier this month upheld Mr. Humphrey's appeal in the extradition proceedings against him. It adds that, consequently, Mr. Humphrey has since been released.

C. The Committee's conclusions

1. 68. First of all, the Committee regrets that, despite the time that has elapsed since the complaint was presented and despite the numerous requests made to it, the Government - apart from a brief reply received recently - has failed to supply more detailed observations on this case, in particular on the allegations that Mr. Humphrey's detention was aimed at weakening the trade union movement and that his prison conditions were unacceptable.
2. 69. The Committee considers it necessary to draw the Government's attention to the fact that the purpose of the whole procedure concerning allegations of infringements of freedom of association is to ensure respect for freedom of association both in law and in fact. The Committee recalls that while this procedure protects governments against unreasonable accusations, the governments should in turn recognise the importance of supplying, for objective examination, full and detailed replies to the allegations made against them.
3. 70. While noting that Mr. Humphrey has been released after Court of Appeal proceedings, the Committee must recall, as it has in analogous cases in the past, that the arrest of a trade union leader against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests. Furthermore, it is also clear that such arrests create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities.
4. 71. In addition, in cases where conditions of detention are brought into question, the Committee has insisted that governments should carry out inquiries into complaints alleging ill-treatment of detainees so that appropriate measures may be taken. (See, for example, 234th Report, Case No. 1192 (Philippines), para. 54O.)
5. 72. The Committee notes the Government's statement that the Grenada Court of Appeal has now upheld Mr. Humphrey's appeal in the extradition proceedings and that he has been released.

The Committee's recommendations

1. 73. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • a) The Committee regrets that the Govenment has failed to supply more detailed observations on this case despite the time which has elapsed since the complaint was presented and despite the numerous requests made to it.
   • b) While noting the release of Mr. Chester Humphrey, the Committee points out that the arrest of a trade union leader against whom no charge is brought involves restrictions on freedom of association. Such measures could also create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities.
   • c) In addition, in cases where conditions of detention are brought into question, governments should carry out inquiries into complaints alleging ill-treatment of detainees so that appropriate measures may be taken.