Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Preventive detention

1. The preventive detention of leaders of workers and employers organizations for activities connected with the exercise of their rights is contrary to the principles of freedom of association.

1. Measures of preventive detention may involve a serious interference with trade union activities which can only be justified by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period.

1. The preventive detention of trade unionists on the ground that breaches of the law may take place in the course of a strike involves a serious danger of infringement of trade union rights.

1. Preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry.

1. In all cases in which trade union leaders are preventively detained, this can involve a serious interference with the exercise of trade union rights and the Committee has always emphasized the right of all detained persons to receive a fair trial at the earliest possible moment.

1. Preventive detention should be accompanied by safeguards and limitations:

1. The prolonged detention of persons without bringing them to trial because of the difficulty of securing evidence under the normal procedure is a practice which involves an inherent danger of abuse; for this reason it is subject to criticism.

1. Although the exercise of trade union activity or the holding of trade union office does not provide immunity as regards the application of ordinary criminal law, the continued detention of trade unionists without bringing them to trial may constitute a serious impediment to the exercise of trade union rights.