Informe provisional - Informe núm. 28, 1958

Caso núm. 156 (Francia) - Fecha de presentación de la queja:: 29-NOV-56 - Cerrado

1. 250. At its 18th Session (Geneva, October 1957) the Committee had before it a series of complaints containing allegations of infringements of the exercise of trade union rights in Algeria. The conclusions submitted by the Committee to the Governing Body- with respect to these complaints are contained in paragraph 293 of the Committee's 27th Report, which was approved by the Governing Body at its 137th Session (Geneva, October-November 1957).
2. 251. With respect to certain allegations the Committee presented an interim report and, before formulating its final conclusions to the Governing Body, requested the Government to furnish further information.
3. 252. Since the adoption of the Committee's 27th Report by the Governing Body a number of communications from various groups in East Germany have been received by the Director-General ; these communications, numbering nine in all, complain of the situation in Algeria.
4. 253. Further, since the last sessions of the Committee and the Governing Body, the French Government, by a communication dated 25 February 1958, has forwarded to the Office the further information requested in the Committee's 27th Report.

Communications from Various Groups in East Germany

1. 254. A number of communications in general terms have been received by the Director-General from various groups in East Germany, which complain of the situation in Algeria. None of these relate to trade union rights, except for short, vague references, but all consist essentially of briefly worded protests of a political character.
2. Allegations relating to Measures Taken against Trade Union Militants
3. 255. The complainants allege that the public authorities have taken severe anti-trade union measures and, in particular, have arrested or deported numerous trade union leaders and militants, a list of whose names is given by the complainants. One complainant alleges also that three trade union militants, Messrs. Ladjabi, Boudour and Bouzour, were murdered following their arrest on 27 March 1956.
4. Previous Decision of the Committee
5. 256. At its 18th Session the Committee recommended the Governing Body:
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7. (c) to draw the attention of the French Government to the importance which it attaches to the principle that when trade unionists are accused of political or criminal offences which a government considers to be outside the scope of their trade union activities they should be judged promptly by an impartial and independent judicial authority; to express the hope that the government will bear this principle in mind and inform it in due course as to the legal and judicial proceedings which may be taken in the case of those of the persons referred to by the complainants who are still interned and as to the results of such proceedings ;
8. (d) to request the Director-General to obtain from the French Government, on behalf of the Committee, detailed information concerning the circumstances which led to the deaths of Messrs. Ladjabi, Boudour and Bouzour, if such deaths actually occurred, it being understood that a further report will be submitted to the Governing Body when the information requested from the Government has been received.
9. ......................................................................................................................................................
10. ANALYSIS OF THE GOVERNMENTS LATEST REPLY
11. 257. By a communication dated 25 February 1958 the French Government forwarded to the Office information on the points mentioned by the Committee in its 27th Report. In this communication, the Government states that it has " taken note of the view expressed by the Committee that when trade unions, in accordance with the national law and practice of their respective countries, and at the decision of their members, decide to establish relations with a political party or to undertake political action as a means towards the advancement of their economic and social objectives, such political relations or action should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions, irrespective of political changes in the country ".
12. 258. In response to the specific questions put by the Committee the Government states : " The French Government can confirm that none of the persons mentioned in the communications of the trade union organisations has been proceeded against because of his trade union activity. The legal and judicial proceedings instituted relate to acts of active participation in terrorism or armed rebellion in Algeria."
13. 259. The Government continues : "This is so, for example, in the case of Raymonde Peschard, represented in the letter of the General Confederation of Labour dated 29 December 1957 as the victim of an administrative measure taken for the sole purpose of preventing her from performing her trade union functions. On 13 February 1957 this militant of the clandestine Algerian Communist Party was the subject of a warrant of arrest issued by the Examining Magistrate of the Court of First Instance in Algiers, listing charges of attempted homicide and destroying buildings with explosives. Although a fugitive since August 1956, Raymonde Peschard benefited on 29 June 1957 by an order of the court non-suiting the action instituted by the Prosecutor. On 26 November 1957, in the course of acts of armed rebellion by a rebel group to which she belonged at a few kilometres from Médiana, the person concerned was killed while bearing arms. Her body was identified first by the rebel band to which she belonged and then by her father, her aunt and her uncle."
14. 260. The Government gives the following additional details : " Blanche Moine, deputy member of the central committee of the clandestine Algerian Communist Party, accused of associating with malefactors, was sentenced to ten years' imprisonment on 3 August 1957 by the Military Court at Oran. On 12 October 1957 this sentence was replaced by a sentence of five years' hard labour by the Permanent Armed Forces Appeal Court in Algiers. Serge Gex, a militant of the clandestine Communist Party in Oran, accused of association with malefactors and illegally possessing arms and munitions, was sentenced on 3 August 1957 to 15 years' hard labour by the Military Court at Oran. Mohamed Boualem, a militant of the clandestine Algerian Communist Party in Oran, accused of associating with malefactors and illegally possessing arms and munitions, was sentenced on 3 August 1957 to 15 years' hard labour by the Military Court at Oran. Leonardo López, responsible for the clandestine organisation of the Communist Party in Oran, accused of associating with malefactors, was sentenced on 3 August 1957 to five years' imprisonment by the Military Court at Oran. André Castel, a militant of the clandestine Algerian Communist Party and a leader of a terrorist group, was arrested by the armed forces in July 1957, accused of endangering the external safety of the State (attempted murder of General Massu), and held in custody. Henri Domenech, Regional Secretary of the Algerian Communist Party, accused of associating with malefactors and illegally possessing arms and munitions, was sentenced to five years' hard labour on 12 October 1957 by the Military Court at Oran."
15. 261. With regard to Messrs. Ladjabi, Boudour and Bouzour, the Government states that their deaths took place in the following circumstances : " Following the murder of a police commissioner, comprehensive control operations were instituted in Constantine and a number of militants of the clandestine Algerian Communist Party, accused of terrorist activities, were arrested. Ali Boudour was arrested by the police on 29 March and placed temporarily under army supervision. He fled and was killed when he was hiding in the Rhummel Ravine, sentinels firing in his direction after having made the normal challenges. The same day, in the course of the same operation, Ladjabi and Bouzour, arrested by the gendarmerie, were transferred to Kroubs ; taking advantage of a moment when the lorry stopped, they tried to disarm their guards and escape; they were killed in the fray which took place between them and the escort. Following these three deaths, the Public Prosecutor at Constantine was apprised of the matter."
16. 262. The Government declares that these matters had no connection with the exercise of trade union rights and, therefore, are not within the competence of the Committee on Freedom of Association. It adds, however, that it has no objection to the above facts being brought to the notice of the Committee.

B. B. The Committee's conclusions

• Communications from Various Groups in East Germany
  263. 263 The Committee observes that, while seven of the nine communications received purport to emanate from trade union groups, the other two emanating from staffs of teachers and instructors, none of them relate to trade union rights except in short and vague terms, but that all consist essentially of briefly worded protests of a political character. In these circumstances, the Committee considers that the communications are so purely political in character, and so little related to the exercise of trade union rights, that they do not call for any action to be taken under the procedure for the examination of complaints of alleged infringements of freedom of association.
• Allegations relating to Measures Taken against Trade Union Militants
  264. 264 With respect to the allegations relating to the deaths of Messrs. Ladjabi, Boudour and Bouzour, the Committee recalled at its 18th Session that, in cases in which the loss of human life has been alleged, the Committee has always considered it necessary to obtain as complete information as possible concerning the circumstances which led to the deaths of the persons mentioned in the complaints ; it was for this reason that the Committee requested the French Government to furnish all necessary information on this aspect of the case. In response to this request the Government forwarded the communication of 25 February 1958 analysed above.
  265. 265 In the first place, the Committee observes that the Government does not deny that Messrs. Ladjabi, Boudour and Bouzour met their deaths. The Government, however, explains the circumstances : it would appear that, after being arrested as militants of the clandestine Communist Party and pursuant to measures of control instituted following the murder of a police commissioner, the persons concerned were killed when trying to escape.
  266. 266 Having regard to the Government's statements, from which it would appear that the arrests of the persons in question, followed by their deaths in the circumstances described, had no relationship with their trade union status or with activities which they may have carried on in that connection, and having regard also to the fact that the complainants' allegations are confined to the actual deaths of Messrs. Ladjabi, Boudour and Bouzour, without its being claimed that these deaths resulted from their trade union activities or status, the Committee considers that the complainants have not offered sufficient proof to show that there was, in this instance, any infringement of freedom of association and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
  267. 267 With regard to the case of Raymonde Peschard, alleged by the complainant to have been the victim of an administrative measure taken for the sole purpose of preventing her from performing her trade union functions, the Government gives very detailed information as to the circumstances in which she was proceeded against and subsequently met her death. The person concerned, states the Government, was killed while bearing arms when taking part in the operations of a band or rebels.
  268. 268 In these circumstances, as in the cases of Messrs. Ladjabi, Boudour and Bouzour, the Committee considers that the complainants have not offered sufficient proof to show that Raymonde Peschard was the subject of measures taken on the ground of her trade union activity or status and recommends the Governing Body to decide that this aspect of the case does not call for further examination.
  269. 269 With regard to the sentencing and detention of the persons mentioned by the complainants, the only issue which arises is the question as to what was the real ground for these measures. As it did in an earlier case, the Committee has taken the view that, if the allegation that they were really arrested for trade union activities were true, it would show an impairment of the workers' freedom of association.
  270. 270 The Committee has noted that the penalties stated in the Government's reply to have been imposed on the persons mentioned therein do not appear to have been the result of arbitrary decisions but to have been ordered by military courts, including courts of second instance to which some of those concerned appealed with some degree of success, the original sentences having been replaced by less severe sentences. In the cases cited in its reply the Government also gives the reasons for the arrests of the persons concerned. These reasons were associating with malefactors and possession of arms and munitions. The Government adds that all these persons were, clandestinely, militants of the Communist Party, which has been declared illegal in Algeria.
  271. 271 It would seem fairly clear from the Government's reply that the acts of which the persons concerned were accused were not related to the exercise of freedom of association but constituted subversive acts connected with armed rebellion. The Committee has reached the same conclusion in a number of earlier cases. Thus, in Case No. 6 relating to Iran, the persons charged before military courts were accused of such offences as having maintained relations with a foreign army and worked in its interests, having organised bands of terrorists and having committed assassinations and offences with the purpose of inciting citizens to civil war and revolt. In Case No. 22 (Philippines), which was related to an armed uprising, it took the same view, and in Case No. 49 (Pakistan), which was also a case of military conspiracy, the Committee reached the same conclusion.
  272. 272 In these circumstances the Committee considers, after having noted the Government's detailed replies, that the facts alleged are in no way related to the exercise of trade union rights but relate to acts of subversion and rebellion which it is not competent to examine ; it therefore recommends the Governing Body to follow its previous practice and to decide that the allegations made with respect to the persons named in the Government's reply relate to events which are political in character and that it is, therefore, undesirable to pursue this aspect of the matter further.
  273. 273 The Committee recommends the Governing Body, however, while taking note of the information already furnished by the Government, to draw attention to the importance which the Governing Body attaches to the principle of a prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions, and to express the hope that the Government will inform the Governing Body as soon as possible as to the legal or judicial proceedings which may be taken in the case of those persons mentioned by the complainants who are still in custody and regarding whom the Government has not yet furnished any observations and as to the results of such proceedings.

The Committee's recommendations

1. 274. In these circumstances the Committee recommends the Governing Body:
   • (a) to decide that, for the reasons indicated in paragraphs 264 to 268 above, the allegations relating to the cases of Messrs. Ladjabi, Boudour and Bouzour and to the case of Raymonde Peschard do not call for further examination ;
   • (b) to decide that, for the reasons indicated in paragraphs 269 to 272 above, the allegations relating to measures taken against the persons mentioned by name by the Government relate to events which are political in character and that it is, therefore, undesirable to pursue this aspect of the matter further ;
   • (c) to decide, while taking note of the information already furnished by the Government, to draw attention to the importance which the Governing Body attaches to the principle of a prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions, and to express the hope that the Government will inform the Governing Body as soon as possible as to the legal or judicial proceedings which may be taken in the case of those persons mentioned by the complainants who are still in custody and regarding whom the Government has not yet furnished any observations and as to the results of such proceedings.