Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Bringing of charges and sentencing of trade unionists and representatives of employers organizations to imprisonment

1. The Committee has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent.

1. The criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate.

1. No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike, public meetings or processions, particularly on the occasion of May Day.

1. The arrest and sentencing of trade unionists to long periods of imprisonment on grounds of the disturbance of public order, in view of the general nature of the charges, might make it possible to repress activities of a trade union nature.

1. In cases involving the arrest, detention or sentencing of a trade union official, the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, has considered that it was incumbent upon the government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned.

1. Any sentences passed on trade unionists on the basis of the ordinary criminal law should not cause the authorities to adopt a negative attitude towards the organization of which these persons and others are members.