Interim Report - Report No 87, 1966

Case No 421 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 23-NOV-64 - Closed

1. 277. The Committee has already submitted interim reports on this case in paragraphs 194 to 203 of its 81st Report and paragraphs 516 to 524 of its 85th Report.
2. 278. The United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), 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), and has declared them to be applicable without modification to Aden.

A. A. The complainants' allegations

1. 279. It was alleged originally, in the complaint dated 23 November 1964, that nine executive members of the Aden Petroleum Workers' Union had been arrested. At its meeting in November 1965 the Committee had before it a communication from the Government dated 13 August 1965, in which the Government stated that five of the persons concerned had been released, the four still in detention being Messrs. Faruq Mohamed Abdul Rahiman Makkawi (referred to by the complainants as Farouk Mekkawi), Ali Ahman Ali Hamami (named by the complainants as Ali Ahmed Hammami), Ahmed Haidra (named by the complainants as Ahmed Hiedra) and Taha Ahmad Ghanim (named by the complainants as Taha Ghanem). The authorities stated that these four persons could not then be brought to trial, that they were detained under Emergency Regulations and that their release date could not be anticipated, as their presence at large at that time would be prejudicial to public order and security. The Government repeated its earlier statement that the detention of the persons in question arose solely from the need to combat subversion and terrorism and was in no way connected with trade union activities.
2. 280. In these circumstances the Committee submitted to the Governing Body the recommendations contained in paragraph 524 of its 85th Report, which reads as follows: In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once again to the importance which it attaches to the observance of the right of all detained persons to receive a fair trial at the earliest possible moment;
   • (b) to draw attention to the fact that the four trade unionists still in detention have now been held for over 12 months without trial;
   • (c) to express the hope that, in accordance with the principle enunciated in subparagraph (a) above, these persons will be either released or brought to trial at the earliest possible moment;
   • (d) to request the Government to inform the Governing Body as a matter of urgency as to what steps it is intended to take in this connection;
   • (e) to take note of the present interim report, it being understood that the Committee will report further on the matter to the Governing Body when the information referred to in subparagraph (d) above has been received.
3. 281. The 85th Report of the Committee was approved by the Governing Body at its 163rd Session (November 1965) and the conclusions cited above were brought to the notice of the Government by a letter dated 29 November 1965.
4. 282. In a communication dated 21 January 1966 the Government states that a Review Tribunal was set up and became operative in October 1965. The Tribunal consists of Mr. E. Light, Chief Magistrate, Aden State (Chairman), Mr. S. N. Iyer, Chairman of the Aden Council of Legal Practitioners, and Mr. A. M. Said Asnag. By 31 December 82 cases had been reviewed and there remained in detention only three persons whose cases had not been reviewed. The Tribunal's recommendations in respect of 40 detainees had still to be submitted to the High Commissioner. Since 1 October 1965 four persons had been released unconditionally and five released from detention and placed under restricted residence, as a result of administrative review.

The Committee's recommendations

1. 284. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once again to the importance which it attaches to the observance of the right of all detained persons to receive a fair trial at the earliest possible moment;
   • (b) to draw attention to the fact that the four trade unionists referred to in paragraph 279 above had already been held for over 12 months without trial when the case was further reported on to the Governing Body in November 1965;
   • (c) to take note of the Government's statement that a Review Tribunal has been examining cases of detainees since October 1965 and that a number of detainees have been released;
   • (d) to express its regret, however, that the Government's latest observations give no indication of the situation of the four trade unionists in question;
   • (e) to express the hope that, in accordance with the principle enunciated in subparagraph (a) above, these four trade unionists, if still in detention, will either be released or brought to trial at the earliest possible moment;
   • (f) to request the Government to inform the Governing Body as a matter of urgency as to the present situation of the four trade unionists and, if they are still detained, as to what steps it is intended to take in this connection;
   • (g) to take note of the present interim report, it being understood that the Committee will report further on the matter to the Governing Body when the information referred to in subparagraph (f) above has been received.