Definitive Report - Report No 95, 1967

Case No 470 (Greece) - Complaint date: 22-FEB-66 - Closed

24. The present question has already been examined by the Committee at its 44th Session, held in November 1966, when it presented an interim report contained in paragraphs 263 to 286 of its 93rd Report. The latter was approved by the Governing Body at its 167th Session (November 1966).

1. 24. The present question has already been examined by the Committee at its 44th Session, held in November 1966, when it presented an interim report contained in paragraphs 263 to 286 of its 93rd Report. The latter was approved by the Governing Body at its 167th Session (November 1966).
2. 25. The cases comprise three series of allegations: Allegations relating to the civil mobilisation of workers on strike; allegations relating to the establishment of a ministerial committee to break the strikes; and allegations relating to the arrest of workers and trade union leaders.
3. 26. The Committee made its final recommendations on the two first series of allegations. As regards the last series of allegations, which alone are dealt with in the following paragraphs, the Governing Body, on the recommendation of the Committee, had asked the Government for certain additional information.

A. A. The complainants' allegations

1. 27. The complainants alleged in general terms that 12 workers, whose names they did not give, were arrested during a requisition carried out on 15 April 1965 affecting members of the Athens-Piraeus Public Electricity Corporation Staff Union, and, without specifying what sentences they received, that they were subsequently sentenced. It was alleged, also in general terms, that in addition two building workers were arrested in January 1966; their names were not given.
2. 28. More specifically, it was alleged that Mr. K. Terzakis, President of the Athens Building Workers, was arrested in January 1966 " while engaged in his trade union activities "; the complainants did not, however, give any precise details regarding the said activities.
3. 29. At its session in November 1966, in view of the fact that the latter allegation did nevertheless have a specific character, and noting that the Government in its various communications had refrained from alluding to that aspect of the complaints, the Committee recommended that the Governing Body request the Government to be so kind as to give its observations on the said allegation.
4. 30. That recommendation having been approved by the Governing Body at its 167th Session, the above request was brought to the notice of the Government in a letter dated 22 November 1966, to which the Government replied in a communication dated 7 January 1967.
5. 31. In its reply the Government states that, according to the information supplied by the court of first instance, Mr. Terzakis was arrested with other persons on 24 January 1966. Caught in flagrante delicto taking part in a riot, the Government continues, he was also guilty of insulting behaviour towards the authorities. Brought to court under sections 153, 171 and 361 (1) of the Penal Code, he was sentenced by the Athens Court of Appeal and, by Decision No. 5404 of 22 October 1966, sentenced to four months' imprisonment.
6. 32. In reply to the allegation of the complainants, who give no precise details of the " trade union activities " which are alleged to have caused the person concerned to be arrested, the Government affirms that he was guilty of acts punishable under the Penal Code, such as participation in a riot and insulting behaviour towards the authorities.

The Committee's recommendations

1. 33. Noting that Mr. Terzakis was tried by an independent judicial authority for activities which seem to have gone beyond the scope of normal trade union activities, the Committee, considering that the complainants have not produced proof in substantiation of their allegations, recommends the Governing Body to decide that the case does not call for further examination.