Interim Report - Report No 101, 1968

Case No 519 (Greece) - Complaint date: 28-APR-67 - Closed

1. 472. The Committee examined this case previously at its 46th Session, held in Geneva in May 1967. On that occasion it submitted an interim report, which was adopted by the Governing Body at its 169th Session (June 1957).
2. 473. After noting that Greece had ratified 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), the Committee examined the allegations made and the observations presented on them by the Government.

A. A. The complainants' allegations

1. 474. Having noted that the observations of the Government related only to the complaint of the World Federation of Trade Unions, the Committee considered that it would not be appropriate for it to formulate definitive recommendations to the Governing Body before it had been able to take account of the observations of the Government on the allegations made by the other two complainant organisations, namely the International Confederation of Free Trade Unions and the International Federation of Christian Trade Unions.
2. 475. Nevertheless, the Committee noted that the information it had before it and, in particular, official statements by the Greek authorities published in the Greek press which it analysed in its report - referred to events and measures some of which were identical to those mentioned by the three complainants in their communications.
3. 476. In view of the nature of the allegations made and the official statements by the authorities, and having regard to the fact that Greece had ratified the two International Labour Conventions mentioned in paragraph 473 above and was therefore bound to respect the obligations ensuing for it from its ratification of these Conventions, the Committee considered that, without at that stage formulating any conclusions on the specific allegations before it to which the Government had not yet replied, it should place on record without delay the importance that the Governing Body had always attached to certain fundamental principles that appeared to be at issue in the case before it. The Committee listed these principles in its report.
4. 477. The Committee therefore recommended the Governing Body to emphasise the importance of the principles in question; it further recommended the Governing Body to request the Government to be good enough to furnish, as speedily as possible, its observations on the allegations made by the I.C.F.T.U and the I.F.C.T.U.
5. 478. The conclusions of the Committee, which were adopted by the Governing Body, were brought to the notice of the Government by a telegram dated 2 June 1967, in accordance with the decision of the Governing Body, and then by a letter dated 5 June 1967. The Government replied first of all by two communications dated 3 and 7 June 1967 and then sent a communication dated 31 October 1967 in reply to certain of the allegations contained in the communication of the W.F.T.U of 8 June 1967 and that of the I.C.F.T.U of 13 June 1967.
6. 479. A brief summary should be given at this point of the allegations made and the observations presented by the Government.
7. 480. The complainants alleged that the installation of the military government in Greece, following the events of 21 April 1967, had led to very serious violations of democratic freedoms and trade union rights. Constitutional guarantees had been suspended and there had been a brutal wave of repression against the workers and their organisations. According to the complainants, the suspension of the Constitutional guarantees had had the result of " liquidating civil liberties " and of giving " the military the most absolute power: to imprison without justified warrant issued by the judicial authorities; to prolong for an indefinite period the preventive detention of those arrested; to remove those arrested from the legal jurisdiction of the normal judiciary; to bring civilians before military tribunals; to violate personal correspondence, to violate the individual domicile and the domicile of social organisations ". The complainants contended, in particular, that the suspension of articles 11 and 12 of the Constitution involved a very serious infringement of trade union rights, " since these measures annul the right of association " and " authorise the invasion of trade union premises ". The complainants also alleged that the military government had decreed that " the formation of any association for trade union purposes is absolutely prohibited " and that strikes were illegal. Finally, the complainants drew attention to the outlawing of many trade union organisations and to the arrest of numerous trade unionists.
8. 481. In its communication of 8 June 1967 the W.F.T.U confirms the dissolution of many trade union organisations and this time lists the organisations concerned. It then mentions the deportation of thousands of trade union leaders and active members, referring in particular to the case of Mr. Dimitri Stratis, President of the Democratic Trade Union Movement.
9. 482. In its communication of 13 June 1967 the I.C.F.T.U also refers to the dissolution of many trade union organisations. It alleges that in a number of cases the public authorities have compelled trade union officials to cease their activities. In addition, the I.C.F.T.U claims the composition of the managing committee of the unions concerned has been modified on the orders of the public authorities. By way of example the I.C.F.T.U mentions the case of Miss T. Papadopoulos, General Secretary of the Pan-Hellenic Union of Telephone Operators, and of the First Vice-President and two other members of the executive committee of that union, who, under threats from the security police, have had to abandon their posts and all their trade union activities. According to the I.C.F.T.U, all the other members of the managing committee of this union have also had to cease their trade union activities and the President, Miss E. Katsouridou, has been taken into custody by the security police in Athens.
10. 483. " As for the Greek trade unions that have not been dissolved ", the I.C.F.T.U declares, " or the leadership of which has been changed as a result of the military coup d'état, it is true that the General Secretary of the General Confederation of Greek Labour and other officers of that organisation sent a message promising the support of their organisation for the new régime. It is obvious, however, that since this message was sent to the King on the very day of the coup d'état, these officers had not received a democratic man date from the executive bodies of their organisations to take such a step. The act in question should therefore be looked upon as the act of persons who could not commit their organisations. Broadly speaking, it is clear that, while some unions continue to exist officially, they do so only as tools of the régime and not as genuine trade unions ".
11. 484. According to the I.C.F.T.U, although, from a formal point of view, certain trade union organisations continue to exist, they cannot, under the terms of Royal Decree No. 280 of 21 April 1967 respecting the state of siege, which places them under military control, convene general meetings of their members without authorisation from the local military command. Thus, the complainants assert, the powers of the few organisations that have not been dissolved have been immensely reduced.
12. 485. " As for the right to strike ", the I.C.F.T.U declares, " while it is true that the Prime Minister has informed the General Secretary of the G.S.E.E by letter that the suspension of article 11 of the Constitution does not imply the prohibition of the right to strike, it remains obvious that, owing to the state of emergency, this right is entirely dependent on the whim of the public authorities and may be suppressed as they think fit. Besides, one can be sure that, in view of the submission of certain leaders of the G.S.E.E to the new régime, the right to strike does not exist in reality ".
13. 486. In its observations of 18 May 1967, which related to the allegations of the W.F.T.U and which the Government stated in its communication of 3 June 1967 were equally valid for the allegations of the I.C.F.T.U and the I.F.C.T.U, and in its communication of 31 October 1967, replying to certain additional information furnished by the complainants in support of their allegations, the Government begins by declaring that revolutionary slogans, the debasing of institutions and the systematic promotion of dissension had created a climate favourable to a take-over-perhaps permanent-by communism in Greece and, as a corollary, the disappearance of all freedom and the abolition of democratic institutions. The Government goes on to state that, in these conditions, " what took place on 21 April 1967 was neither a revolution by the Army nor a movement to impose a dictatorship, but was in fact an uprising of all true Greeks, of all those who wished to see their homeland strong and free, who believed in religion and the family and who wished to be able to think, act and work in freedom and not as slaves of a Communist dictatorship ". The Government considers that the revolution of 21 April 1967 was a national imperative to meet the danger which threatened the country and it states that it has necessitated certain harsh measures such as the suspension of articles of the Constitution dealing with the rights of individuals and trade unions. The Government adds, however, that this suspension is temporary, the Government having given the assurance that it would soon re-establish the Constitutional order. A draft Constitution would be submitted to the Government in December 1967 with a view to a Constitution being drawn up within a period of six months and a referendum being held two or three months later. The Government affirms that trade unionism is completely free in so far as it is a real trade unionism calculated to protect the rights of the workers and not a trade unionism in the service of political parties. The Government acknowledges that certain offences were tried before military tribunals but says that they were offences that undermine " the foundations of the country and seek to overthrow the free, democratic régime ". It adds that any free country threatened in the same manner would have acted similarly and points out that the measures taken have not harmed and would not harm any Greek obeying the laws.
14. 487. The Government also states that no one has been arrested for political offences or for trade union activity, that 6,500 persons were arrested, of whom many were released after a special examination; 2,100 people at present remain in detention as " dangerous Communists " who had used methods which are dealt with under the common criminal law. The Government declared in its first communication that this latter group of persons were to be judged under the legislation in force which guarantees the impartiality of the proceedings.
15. 488. In its most recent communication the Government states that it is prepared to release all the persons at present detained, provided that they make a declaration promising not to " become involved in acts against the law or the Government ". Referring to certain persons who were mentioned by name in the complaints, the Government states that Mr. D. Stratis and Miss Papadopoulos were released some months ago and that Miss Katsouridou, " who had undertaken considerable Communist activity ", is still detained, since she refused to make a declaration not to " become involved in acts against the law or the Government ".
16. 489. With regard to the functioning of trade union organisations, the Government states that the authorities do not intervene in the drawing up of trade unions' Constitutions and rules, that workers freely elect their representatives, that trade unions freely formulate their programmes and that in every respect workers' trade unionism is recognised. The Government states that the authorities do not hinder trade union meetings aiming at the protection of occupational interests. The Government points out that Proclamation No. 26 of 1 September 1967 of the Chief of the General Staff, the text of which it forwards, and which authorises meetings of executive bodies and general assemblies of all legal persons, whatever their nature, permits trade union organisations to function freely, provided that national laws are respected. Meetings on private premises and in homes are, it is stated, fully permitted, and meetings in public places are permitted with police authorisation, as was the case under the Constitution of 1952. In this connection, the Government forwards the text of a circular of 13 September 1967 from Mr. Makris, General Secretary of the G.S.E.E, to the leadership of the workers' centres and the federations under them, pointing out that, following the above-mentioned Proclamation, the previous position is restored and that organisations may meet without any formality other than, in the case of general assemblies, giving a written notice containing certain information to the police three days before the meeting. The G.S.E.E emphasises in the circular the fact that it has given guarantees that trade union organisations will prove their loyalty in the manner of their operation and calls on local unions to see to it that such is the case.
17. 490. The Government further states that the G.S.E.E and the organisations which compose it have not been banned, but that, on the contrary, they continue to function and to represent, in accordance with their Constitutions and the legislation in force, the occupational interests of the workers of the country.
18. 491. With regard to the right of association, the Government states that this was suspended, since several associations were dominated by Communists who directed them not in the interests of the workers but with political aims. After the dissolution of these organisations the right of association remains absolute. The Government adds that the right to strike is not abolished and that the workers can resort to it " in order to claim their legitimate rights in accordance with existing provisions ".
19. 492. A number of the allegations made by the complainants are not refuted by the Government; on the contrary, they are confirmed in replies by the Government or in official statements by the Greek authorities published in the Greek press and examined in paragraphs 13 to 16 of the 97th Report of the Committee.
20. 493. Accordingly, it is clear that some 150 workers' centres or trade union organisations of the first and second degree have been dissolved by a decision of the General Staff dated 4 May 1967 and that the archives, property and funds of these organisations have been seized. It is also clear that the communication and publication of news by any means, press, radio or television, are prohibited unless the news has been previously submitted for censorship.
21. 494. The Committee therefore considers that it should recommend the Governing Body to draw the particular attention of the Government to the importance that should be attached to the principle that trade unions shall not be liable to be dissolved or suspended by administrative authority, a principle embodied in Article 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Greece; to the principle that the property of trade unions should enjoy adequate protection; to the principle that freedom of expression, in particular through the press, is an essential aspect of freedom of association. The Committee considers that it should also recommend the Governing Body to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to the foregoing conclusions.
22. 495. With regard to certain other aspects of the case, there is an obvious contradiction between the statements of the Government contained in its communications of 3 and 7 June and 31 October 1967 and the official statements by the Greek authorities analysed in paragraphs 13 to 16 of the 97th Report of the Committee.
23. 496. Thus, whereas in its communications of 7 June and 31 October 1967 the Government asserts that " nobody has been arrested for political offences or trade union activities ", that persons taken into preventive custody have been released after " special examination ", that only persons having engaged in Communist activities within the meaning of the provisions of common criminal law remain in custody and that these persons will be judged under the legislation in force, " which guarantees the impartiality of the proceedings ", or will be released on signing a declaration of loyalty, Royal Decree No. 280 of 21 April 1967, which brings back into force the Act of 1912 respecting the state of siege, has, according to an official communiqué published in the Greek press, the following consequences: the arrest and incarceration of any person are authorised without any formality, that is to say, without warrant issued by the competent authority and without it being necessary for the person concerned to be apprehended when committing the act; release on bail is prohibited for any political offence and detention for political offences is not subject to any limitation of time; any person, whatever his status, may be brought before exceptional tribunals (courts martial) or extraordinary judicial committees; crimes, political offences and press offences, whether or not they concern the private lives of those involved, and also punishable acts normally within the competence of courts of second instance, are tried indiscriminately by exceptional tribunals (courts martial); any person who commits a punishable act, even if he does not endanger the safety of the armed forces of the country, is subject to the jurisdiction of the exceptional tribunals (courts martial).
24. 497. Whereas the Government asserts that there is effective freedom of association in Greece, specifying in its communication of 7 June 1967 that there is no interference by the authorities in the framing of the Constitutions and rules of trade unions or in the election by workers of their representatives and in its communication of 31 October 1967 that " the right to associate remains absolute ", Royal Decree No. 280, which is referred to in the preceding paragraph, has, according to an official communiqué, the effect of prohibiting " the creation of any corporation for trade union purposes ".
25. 498. Whereas the Government, in its communication of 7 June 1967, asserts that the authorities do not obstruct trade union meetings held for the protection of occupational interests and whereas Proclamation No. 26 of 1 September 1967 of the Chief of the General Staff appears to authorise meetings of the executive bodies and of general assemblies of trade union organisations which are still in existence, Royal Decree No. 280 has the effect of prohibiting " all assemblies or meetings in premises or in public places ", and, according to a communiqué issued by the General Staff on 25 April 1967, " meetings of more than five persons in public places and meetings in private premises, with the exception of places of entertainment ", appear to be prohibited.
26. 499. Whereas the Government asserts in its communication of 3 June 1967 that " lockouts and strikes have not been abolished at all and employers can resort to the former and workers to the latter in order to claim their legitimate rights in accordance with existing provisions ", Royal Decree No. 280 has the effect of prohibiting strikes " absolutely ".
27. 500. In these circumstances the Committee recommends the Governing Body to ask the Government to be good enough to indicate whether the provisions mentioned in paragraphs 496 to 499 above are still in force and to be good enough to indicate precisely the rules that govern, in law and in practice, military tribunal procedure, the right of workers to form organisations of their own choosing and the right to strike.
28. 501. In its communication dated 31 October 1967 the Government replied to certain of the allegations dated 8 and 13 June 1967 from the W.F.T.U and the I.C.F.T.U, referring particularly to the release of two persons mentioned by name in the complaint. It appears, however, that another person is still being detained so long as she refuses to sign a declaration of loyalty, and this also appears to be the case with a number of other detained persons. In this respect, the Committee wishes the Government's attention to be drawn to the importance which should be attached to the principle that, when trade unionists are detained for reasons which the Government states to be unconnected with their trade union activities, these trade unionists, in the same way as all other persons, should be judged promptly by an impartial and independent judicial authority under a procedure which has all the guarantees of normal judicial procedure.
29. 502. The Committee notes, on the other hand, that the Government has not furnished specific observations on a certain number of other allegations, namely the allegations analysed in paragraphs 481 to 485 above, other than those dealing with the particular cases of Mr. Stratis, Miss Papadopoulos and Miss Katsouridou, and which refer in particular to the fact that the authorities allegedly forced trade union leaders to give up their activities and to the fact that existing trade unions were allegedly only instruments of the régime.

The Committee's recommendations

1. 503. With regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to draw the particular attention of the Government to the importance that should be attached to the principle of the independence of the trade union movement and especially:
   • (i) to the principle that trade unions shall not be liable to be dissolved or suspended by administrative authority, a principle embodied in Article 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Greece;
   • (ii) to the principle that the property of trade unions should enjoy adequate protection;
   • (iii) to the principle that freedom of expression, in particular through the press, is an essential aspect of freedom of association;
   • (b) to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to the foregoing conclusions;
   • (c) to request the Government to be good enough to indicate whether the measures taken by virtue of Royal Decree No. 280 of 21 April 1967 are still in force and to be good enough to indicate precisely the rules that govern, in law and in practice, military tribunal procedure, the right of workers to form organisations of their own choosing and the right to strike;
   • (d) to draw the attention of the Government to the importance which should be attached to the principle that, when trade unionists are detained for reasons which the Government states to be unconnected with their trade union activities, these trade unionists, in the same way as all other persons, should be judged promptly by an impartial and independent judicial authority under a procedure which has all the guarantees of normal judicial procedure;
   • (e) to request the Government to be good enough to present its observations urgently on the allegations mentioned in paragraph 502 above and referred to in paragraphs 481 to 485;
   • (f) to take note of the present interim report, on the understanding that the Committee will report again when it is in possession of the additional information specified i n subparagraphs (c) and (e) above.