Definitive Report - Report No 76, 1964

Case No 356 (Spain) - Complaint date: 15-AUG-63 - Closed

1. 55. The complaint of the International Confederation of Free Trade Unions is contained in a telegram, dated 15 August 1963, addressed to the Secretary-General of the United Nations and forwarded by him to the I.L.O. This telegram was communicated to the Government, which submitted its reply in a note dated 6 February 1964.
2. 56. Spain has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 57. The complainants allege that a military court sentenced to death two trade unionists, Messrs. Delgado and Granados, for the sole offence of attempting to act in defence of the rights and interests of the Spanish workers, in accordance with the Universal Declaration of Human Rights.
2. 58. The Government for its part states that the above-mentioned persons, that is Messrs. Joaquin Delgado Martinez and Francisco Granados Gata, were convicted of very serious acts of terrorism which caused casualties among the civilian population. The said persons were tried by the competent courts and found guilty of causing explosions in a public place which resulted in nine persons being seriously injured and 22 less seriously injured. It was also proved that they had been in possession of weapons and munitions of destruction, including 21 kilograms of explosives, a submachine gun, a hand-grenade and other weapons and munitions.

B. B. The Committee's conclusions

1. 59. The Committee notes that the complainants set forth their complaint in a very brief communication and in extremely vague terms, stating that the sole offence of the condemned men had been that they had acted " in defence of the rights and interests of the Spanish workers ". On the other hand, the Government supplies a more specific statement, mentioning the acts of which both the accused were convicted, namely having caused explosions in a public place which resulted in a number of casualties and being in possession of weapons and munitions of destruction.

60. The Committee considers that the complainants have submitted their complaint in vague terms and that they have not, at the present stage, furnished sufficient proof to show that there has been, in this instance, an infringement of trade union rights. The Committee therefore recommends the Governing Body to decide that this case does not call for further examination.