Interim Report - Report No 164, June 1977

Case No 848 (Spain) - Complaint date: 24-MAY-76 - Closed

1. 78. The complaint presented by the world Federation of Trade Unions (WFTU) is contained in a letter dated 24 May 1976 and that of the World Confederation of Labour (WCL) in a telegram of the same date. The Government submitted its observations in a communication dated 26 October 1976.
2. 79. 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. 80. The WFTU alleged that judicial proceedings had been instituted against Marcelino Camacho, the trade union leader of the workers' commissions, and that Maria Ampara Arangoa, Vice-President of the Paper Workers' and Technicians' Trade Union of Leiza (Navarre), had been tortured.
2. 81. The WCL stated for its part that the Michelin undertaking at Lasarte had dismissed 2,300 workers in order to put an end to a strike in support of claims which had been going on for three months.
3. 82. In its reply the Government pointed out that Marcelino Camacho had been questioned by the police in connection with his participation in an illegal meeting of a political nature and had been held at the disposal of the judicial authorities; the latter decided that there were no grounds for prosecution and ordered his release. As for the ill-treatment to which Maria Ampara Arangoa was said to have been subjected, the Government stated that an inquiry was being held to establish the facts and, where appropriate, the responsibilities; the necessary steps had been taken with regard to the persons who might be responsible.
4. 83. As regards the dismissals carried out at the Michelin works the Government added that it could not be held responsible for the actions taken by undertakings but stated nevertheless that the great majority of the workers concerned had since been reinstated following the parties' referral of the dispute to trade union conciliation; a small minority preferred compensation.

B. B. The Committee's conclusions

1. 84. The Committee notes the information supplied by the Government and, in particular, the release of Marcelino Camacho. The Committee wishes to point out, as it has done in numerous previous cases, that the detention by the authorities of trade unionists concerning whom no grounds for conviction are found is liable to involve restrictions on trade union rights and that governments should take steps to ensure that the authorities concerned have appropriate instructions to eliminate the danger of unjustified arrest.
2. 85. Moreover, as regards allegations concerning the ill-treatment to which detainees are said to have been subjected, the Committee has previously stressed the importance of carrying out an inquiry into the facts in order to establish responsibilities and of taking appropriate action, in particular, to give precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to vexations. In the present case the Committee notes that an inquiry is being held into the alleged ill-treatment of Maria Amparo Arangoa.

The Committee's recommendations

1. 86. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note the release of Marcelino Camacho and to draw the Government's attention to the principle set out in paragraph 84 above to the effect that the detention of trade unionists concerning whom no grounds for conviction are found is liable to involve restrictions of trade union rights;
   • (b) to note also that the great majority of the workers dismissed from the Michelin works at Lasarte have been reinstated and that the remainder preferred compensation;
   • (c) to request the Government to communicate the results of the inquiry being held into the alleged ill-treatment of Maria Amparo Arangoa;
   • (d) to take note of this interim report.
     • Geneva, 24 February 1977. (Signed) Roberto Ago, Chairman.