Definitive Report - Report No 128, 1972

Case No 670 (Cyprus) - Complaint date: 25-MAY-71 - Closed

1. 7. The complaint of the Cyprus Turkish Trade Unions Federation is contained in a communication dated 25 May 1971 addressed direct to the ILO. The text of this was transmitted to the Government, which sent its observations thereon in a communication dated 21 July 1971.
2. 8. Cyprus has 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).

A. A. The complainants' allegations

1. 9. It is alleged that Mr. Ismet Kotak, Member for Labour and Co-operative Affairs in the Turkish-Cypriot Administration (who was accompanying the Vice-President, Fazil Kutchuk, on a visit to some Turkish villages), Mr. Huseyin Sari, trade union representative in the House and an Executive Board member of the complainant organisation, as well as other Turkish personalities, whilst returning to Famagusta on 23 May 1971, were " badly manhandled and beaten up by a gun-brandishing policeman attached to the Lefkoniko Greek police station in front of the very eyes of a large number of gun-carrying policemen from Famagusta Greek Police Headquarters."
2. 10. " We strongly protest against this gross violation " state the complainants " and request you to take whatever action you deem necessary to stop the occurrence of such brutal actions against the members of the Turkish community in general and against the members of our organisation in particular ".
3. 11. In its observations, the Government states that the allegations of the complainants are completely unfounded and points out that, immediately after the allegations became known, the Public Information Office issued an official communiqué, a copy of which is enclosed with its communication.
4. 12. This communiqué, dated 24 May 1971, is worded as follows-
   • At about 10.45 p.m. yesterday (Sunday), a police patrol controlling as usual traffic by Lefkoniko, made a signal to a passing car to stop. The driver of the car failed to comply with the signal and the car was chased and intercepted outside Famagusta town. As ascertained later on, Ismet Yousouf Kotak, of Nicosia, Ali Ozel, of Famagusta, former District Administration employee, and Husseyin Sari, of Famagusta, a NAAFI employee, were in the car as well as Turgut Ali, the driver. Asked why they had not stopped, they maintained that they had not noticed the police signal. Both the car and its passengers were searched without anything incriminating being found except for a pocket knife which was seized. Then the said Turkish Cypriots were set free. It is evident that the allegation about manhandling is totally untrue and unfounded and constitutes part of the usual tactics of the Turkish Cypriot side to distort the truth for propaganda purposes.

B. B. The Committee's conclusions

1. 13. The Committee finds itself faced with two contradictory versions of what, in fact, occurred without its being possible to ascertain the truth.
2. 14. The Committee notes, however, that, even if proved, the allegations of the complainants-although a trade union leader appears to have been amongst the persons concerned-do not show that there is any connection between the facts alleged and the exercise of trade union rights.

The Committee's recommendations

1. 15. In these circumstances, considering that the complainants have not provided any proof that trade union rights have been infringed, the Committee recommends the Governing Body to decide that the case does not call for further examination.