Informe provisional - Informe núm. 93, 1967

Caso núm. 421 (Reino Unido de Gran Bretaña e Irlanda del Norte) - Fecha de presentación de la queja:: 23-NOV-64 - Cerrado

1. 234. The Committee has already submitted interim reports on this case to the Governing Body in paragraphs 194 to 203 of its 81st Report, paragraphs 516 to 524 of its 85th Report, paragraphs 277 to 284 of its 87th Report and paragraphs 255 to 262 of its 90th Report.
2. 235. 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.

236. When the complaint was submitted on 23 November 1964 it was alleged that nine executive members of the Aden Petroleum Workers' Union had been arrested and were being held in detention. Subsequent developments in the matter were described in paragraphs 257 to 260 of the Committee's 90th Report.

1. 237. When the Committee last considered the case, at its meeting on 23 May 1966, it had before it information furnished by the Government, in two communications dated 30 March and 11 May 1966, concerning the situation with regard to the four persons of the original nine, who still remained in detention at that time.
2. 238. In its communication dated 30 March 1966 the Government stated that the review tribunal, set up in October 1966 for the purpose of reviewing periodically the cases of persons held in detention under the Emergency Regulations in force in Aden, had reviewed the cases of the persons in question, but that after review Messrs. Faruq Mohammed Abdul Rahiman Makkawi, Ali Ahmad Ali Hamami and Taha Ahmad Ghanim still remained in detention and the fourth, Mr. Ahmed Haidra, continued to be detained in his home state of Dathina. In its further communication dated 11 May 1966 the Government declared that the four persons in question were being detained because their presence at large would be prejudicial to the maintenance of public order and security, and not on account of any trade union activities, but that their cases were being kept under regular review.
3. 239. In these circumstances the Committee recommended the Governing Body, in paragraph 262 of its 90th Report:
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5. (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;
6. (b) to draw attention to the fact that the first of the four trade unionists referred to in paragraph 261 above has been held without trial since August 1964 and the other three since October 1964, a situation which appears to be incompatible with the generally accepted principle enunciated in subparagraph (a) above;
7. (c) to express the hope that, in accordance with the said principle, the four trade unionists in question will either be released or brought to trial at the earliest possible moment;
8. (d) to request the Government to be good enough to inform the Governing Body as a matter of urgency as to what steps it is intended to take in this connection;
9. (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.
10. 240. These recommendations were approved by the Governing Body at its 165th Session (May 1966), and the request for further information contained in paragraph 262 (d) of the Committee's 90th Report cited above was brought to the notice of the Government by a letter dated 3 June 1966. The Government replied by a communication dated 23 August 1966.
11. 241. In its letter dated 23 August 1966 the Government states that Mr. Ali Ahmad Ali Hamami and Mr. Taha Ahmad Ghanim were released from detention in May 1966, but that the position with regard to Mr. Faruq Mohammed Abdul Rahiman Makkawi and Mr. Ahmed Haidra remains unchanged.

The Committee's recommendations

1. 242. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement that two of the detained trade unionists, Mr. Ali Ahmad Ali Hamami and Mr. Taha Ahmad Ghanim, were released in May 1966 but that the situation with regard to Mr. Faruq Mohammed Abdul Rahiman Makkawi and Mr. Ahmed Haidra remains unchanged;
   • (b) to draw the attention of the Government once again to the importance which the Governing Body attaches to the observance of the right of all detained persons to receive a fair trial at the earliest possible moment;
   • (c) to draw attention again to the fact that Mr. Faruq Mohammed Abdul Rahiman Makkawi has been held without trial since August 1964 and Mr. Ahmed Haidra since October 1964, a situation which appears to be incompatible with the generally accepted principle enunciated in subparagraph (b) above;
   • (d) to express the hope that, in accordance with the said principle, the two trade unionists in question will either be released or brought to trial at the earliest possible moment;
   • (e) to request the Government to be good enough to inform the Governing Body as a matter of urgency as to what steps it is intended to take in this connection;
   • (f) to take note of the present interim report, it being understood that the Committee will report further to the Governing Body when the information referred to in subparagraph (e) above has been received.