Interim Report - Report No 137, 1973

Case No 730 (Jordan) - Complaint date: 28-NOV-72 - Closed

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131. The complaint is contained in a communication dated 28 November 1972 addressed to the ILO by the World Federation of Trade Unions. In a further communication dated 4 January 1973 the WFTU transmitted additional information in support of the complaint.
132. The complaint and additional information were transmitted to the Government, which forwarded certain observations thereon in a communication dated 24 January 1973 and a communication dated 2 February 1973, which is stated by the Government to refer to the present case and to Case No. 668 (Jordan).
133. Jordan has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

134. In their communication dated 28 November 1972 the complainants state that two trade union leaders, both secretaries of the Jordanian Federation of Mechanics, Metal and Allied Workers, viz. Mohammad Kassem and Abdul Rahman Alhayek, were arrested in their offices by the authorities, in violation of the generally recognised principles on freedom of association. In their second communication of 4 January 1973 the complainants add that, according to information received, Mohammad Kassem had been transferred to the desert prison of Aljafar, where he was being subjected to the worst forms of torture.
135. The Government, in its communications dated 24 January and 2 February 1973, states that the allegation concerning Abdul Rahman Alhayek was a flagrant lie since this person had not been imprisoned and was earning his living normally. In the communication dated 24 January 1973 the Government states that Mr. Mohammad Kassem was imprisoned for a crime against public security, under the legislation in force, and that his imprisonment is wholly unrelated to the exercise of trade union rights.

136. The Committee notes the statement of the Government that Abdul Rahman Alhayek has not been imprisoned and that Mohammad Kassem was imprisoned for a crime against public security.
137. In a number of cases where the complainants have alleged that trade union leaders or workers have been arrested for trade union activities, and the governments' replies have amounted to general denials of the allegation, or have been simply to the effect that the arrests have been made simply for subversive activities, for reasons of internal security or for crimes under ordinary law, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof, and the result of such proceedings, in order to enable it to make a proper examination of the allegations.

(a) to note that according to the Government Abdul Rahman Alhayek has not been imprisoned, and is earning his living normally;
(b) to request the Government to supply precise information concerning the arrest and imprisonment of Mohammad Kassem, including the reasons therefor, and in particular to state whether any legal proceedings were initiated against the said Mohammad Kassem and whether he has been brought to trial, and in that case to supply copies of the court judgement and the grounds adduced therefor; and
(c) to take note of this interim report, it being understood that the Committee will submit a further report when it has received the information requested in accordance with subparagraph (b) above.
- Geneva, 30 May 1973. (Signed) Roberto AGO, Chairman.