Informe provisional - Informe núm. 153, Marzo 1976

Caso núm. 766 (Yemen) - Fecha de presentación de la queja:: 02-OCT-73 - Cerrado

1. 254. The Committee examined this case in November 1974 and submitted to the Governing Body at that session an interim report which is reproduced in paragraphs 349 to 363 of its 147th Report. This report was approved by the Governing Body at its 194th Session (November 1974).
2. 255. Yemen 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. 256. The WFTU alleged in particular that the authorities were holding numerous trade unionists in prison without any normal proceedings and without the courts having pronounced any sentence. The authorities were said to have even carried out executions and the names of Messrs. Abdul Gabar Abdul Hameed, Anwer Ahmed Galeb, Mohamed Ad-Dahbali and Ali Kassim Saif were cited by the complainants. According to the WFTU, the authorities had also arrested, in June 1973, all the leaders of the drivers' trade union and required them to resign and give up any trade union activities, threatening them with reprisals if they refused. Faced with the firm attitude of these trade unionists, the authorities are stated to have executed one of them, Mr. Ahmad Said Murchid, without trial. They are also stated to have executed one of the leaders of the fuel trade union, Mr. Kassim Saif.
2. 257. The complainants went on to declare that the arrests were continuing and, in particular, that the following had been arrested: the majority of the directorate of the Workers' Federation of the Yemen (FYTU) including Mr. Ahmad Abduh Ganim; the members, and in particular the presidents, of the administrative Committees of the Aviation Trade Union, the Transport Workers' Union, the Electric Workers' Trade Union and the Textile Workers' and Spinners' Union.
3. 258. In its reply, the Government gave its assurances that trade union rights and freedom of association were guaranteed in Yemen. It declared that the persons named, who had been imprisoned and brought to trial, were common criminals. Their trial had been held in public and had been impartial. They had been imprisoned and had received severe sentences because they were guilty of criminal acts and not because they were trade unionists.
4. 259. In November 1974, the Committee had emphasised the importance it attaches in all cases, including those where trade unionists are accused of political offences or common-law crimes that the Government considers to be unconnected with their trade union duties, to the principle that the persons concerned should be tried at the earliest possible moment by an impartial and independent judicial authority. The Committee had also pointed out that where allegations that trade union leaders or workers have been arrested or sentenced on account of trade union activities have been met by governments with statements that the arrests or detentions have been carried out because of subversive activities or crimes under ordinary law, or for reasons of internal security, the Committee has always followed the rule that the governments concerned should be requested to submit further information as precise as possible concerning the alleged measures, and in particular concerning the judicial proceedings taken, and to supply the text of the sentences pronounced, together with the statement of the reasons therefor.
5. 260. In these circumstances, and following its usual practice, which takes on added importance in view of the fact that in the present case the militant trade unionists had been executed, the. Committee had recommended the Governing Body to request the Government to supply the text of the judgments under which the trade unionists mentioned in the complaint had been sentenced to imprisonment or had been executed, together with the grounds adduced therefor.
6. 261. The Government supplied further information in a communication dated 14 June 1975. It stresses that the procedural laws in Yemen are formulated in a different manner from that customarily used in many other States and that the judgments, rendered in proper and due form, are couched in specific legal terms which are difficult to translate. It is for this reason, the Government states, that it has not been able to reply fully to the Committee's request.
7. 262. It was proved, adds the Government, that Ali Kassim Saif, Abdul Gabar Abdul Hameed, Anwer Ahmad Galeb and Mohamed Ad-Dahbali were members of a band of saboteurs, had committed murders, transported explosives and arms and committed further acts of banditry. They were arrested by the Criminal Investigation Department on 16 April 1973, and found to be in possession of numerous documents, explosives and arms. Other saboteurs were tracked down at the same time. After being interrogated they all confessed to their crimes. They appeared before the National Security Court where they were found guilty and condemned to death. The verdict was approved by the President of the Council of the was approved by the President of the Council of the Republic. The judgment, the Government goes on to say, referred to the following crimes:, having been in possession of numerous arms, bombs, explosives, etc., and having used them against the citizens and the State; having led bands of saboteurs in the province of Taiz; having twice set off dynamite explosions near a cinema, destroying a vehicle on the first occasion; having left a delayed-action charge of dynamite on the ground floor of the residence of the President of the Council of the Republic and having carried out many other criminal acts. The Government goes on to say that three of these four persons were military deserters. Ali Kassim Saif, in particular, had killed a soldier in the military police and wounded another.
8. 263. The Government categorically denies the arrest of the leaders of the drivers' trade union and states that this organisation is still in operation. It also denies the execution of Messrs. Ahmed Said Murchid and Kassim Saif, pointing out that no harm has been done to them.
9. 264. The Government declares further that Mr. Ahmad Abduh Ganim is an army lieutenant. He was arrested for having been implicated in activities which disturbed the public peace and violated the Constitution and the military laws. He appeared before a tribunal and was sentenced to imprisonment. As far as the other trade union leaders are concerned (see paragraph 257), the Government states finally that all that has been said regarding Messrs. Ahmad Nooman, Abdul Rahman Saleh, Abdullah Ahmad Mugbena and Mohammad Al-Tal is without foundation and that these people are all working in Yemen.
10. 265. The Government concludes by pointing out that the abovementioned judgment of the National Security Court proves that the sentences are based upon criminal acts and are in no way related to trade union activities. The Government recalls that the Constitution and national legislation guarantee and reinforce the full freedom of trade unions founded on sound bases.

B. B. The Committee's conclusions

1. 266. The Committee notes that, according to the Government, several of the trade unionists referred to in the complaint have not been dealt with as alleged. Conversely, Messrs. Ali Kassim Saif, Abdul Gabar Abdul Hameed, Anwer Ahmed Galet and Mohamed Ab-Dahbali have been executed. Although the texts of the judgments have not been communicated, the Government states that these sentences were pronounced for deeds totally unconnected with trade union activities.
2. 267. Mr. Ahmad Abduh Ganim was, for his part, sentenced to imprisonment for serious attacks against public peace and order. The Government has not however supplied details on the facts which led to this sentence.
3. 268. Nor has the Committee received information concerning other leaders of the Workers' Federation of the Yemen or the members of the administrative Committees of the Aviation Trade Union, the Transport Workers' Union, the Electric Workers' Trade Union and the Textile Workers' and Spinners' Union, who are alleged to have been arrested. The Government only gives some information about the presidents of these unions who, according to the Government, are all working in Yemen.

The Committee's recommendations

1. 269. In these circumstances, in view of the serious nature of the case, the Committee recommends the Governing Body:
   • (a) to request the Government to supply the text, in the original language, of the sentences pronounced against the persons executed, as well as against Mr. Ahmad Abduh Ganim;
   • (b) to request the Government to transmit information on the present whereabouts of the leaders other than the presidents of the Workers' Federation of the Yemen and the Aviation, the Transport Workers', the Electric Workers' and the Textile Workers' and Spinners' Unions in respect of whom the Government has supplied information;
   • (c) to request the complainants to transmit their comments on the statement of the Government that Messrs. Ahmed Said Murchid and Kassim Saif have not been executed nor has any harm been done to them, it being understood that the Government will have the opportunity to make its observations on these comments;
   • (d) to take note of this interim report, it being understood that the Committee will submit a further report to the Governing Body when it has received the information requested above.