Informe provisional - Informe núm. 197, Noviembre 1979

Caso núm. 930 (Türkiye) - Fecha de presentación de la queja:: 30-ABR-79 - Cerrado

1. 577. By a telegram of 30 April 1979, the World Confederation of Labour (WCL) presented a complaint of violation of trade union rights in Turkey. The complainant organisation sent new allegations in three letters dated 8 and 23 May and 9 August 1979. The Government sent its observations in communications of 30 May and 17 August 1979.
2. 578. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1949 (No. 87), but has ratified the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 579. In its telegram of 30 April 1979, WCL referred to arrests of officials and militants of the Confederation of Trade Unions of Revolutionary Workers (DISK). In its letter of 8 May 1979 it adds that nine leaders of this Confederation were arrested on 6 May by the Military Tribunal of Istanbul, set up under the state of siege. The names of these persons are as follows: Abdullah Bastürk, Chairman of DISK; Fehmi Isiklar, General Secretary; Tuncer Kocamanoglu, Kemal Nebioglu, Riza Guven, members of the executive Committee; Ridvan Budak, Chairman of the Textile Workers Union; Demirhan Tuncay, Chairman of the Food Industry Workers Union; and Ismet Cantekin, an official of the Istanbul section of DISK. WCL also states that warrants of arrest have been issued for four other officials, who are being sought by the siege authorities.
2. 580. WCL also states that on 1 May 1979 about 1,700 persons were held in the Inonu Stadium and then transferred to various military units of Istanbul. The commanding authority of the state of siege published a communiqué stating that some of those detained had been released, but that over 600 persons were still being held in military prisons. According to WCL certain of the prisoners had been ill-treated during their arrest and in the military prisons.
3. 581. In its letter of 23 May 1979, WCL states that the DISK leaders and many worker militants who were arrested following the prohibition of the celebration of 1 May in Turkey have been released by order of the tribunal of the commanding authority of the state of siege in Istanbul. Nevertheless, the trade union and labour situation in Turkey is, in WCL's opinion, a matter for considerable concern, since the state of siege is still in force in 19 of the country's 67 provinces and is resulting in restrictions on the exercise of trade union rights.
4. 582. In its communication of 9 August 1979, WCL states that it was informed of the arrest of the DISK General Secretary after he had taken part in a trade union meeting in Diabakir Province other trade unionists were also said to have been arrested for the same reasons and some of them were even said to have been tortured. WCL states that they have all been released, but Mr. Fehmi Isiklar has not yet been brought before the courts.
5. 583. In its communication of 30 May 1979 the Government first recalls that trade union rights and freedoms are guaranteed by sections 46 and 47 of the National Constitution, and that the enjoyment of these rights and freedoms is governed by Acts Nos. 274 and 275 respecting trade unions and collective agreements. The Government states that no restriction has been imposed on these rights, even in the provinces where martial law is in force.
6. 584. Nevertheless, adds the Government, the authorities responsible for the maintenance of public order in Istanbul and in other provinces where martial law is in force, have found themselves obliged to prohibit the organisation of open-air meetings and demonstrations owing to the particular circumstances of the country. This provision applies to all, and in no way constitutes any kind of discrimination against trade unions. It was because of these measures that the May Day Celebrations in Istanbul and in the other provinces, where martial law remains in force, were forbidden. In the other provinces, however, no restriction was imposed on demonstrations of this kind. In Izmir, for instance, a meeting was held in full freedom with the co-operation of the local authorities.
7. 585. The Government also states that the DISK leaders contravened the decision adopted by the martial law authorities in Istanbul. Accordingly, the authorities were obliged to arrest and charge certain leaders of DISK as well as other individuals who were also accused of having infringed the regulations on public order. However, the leaders who were arrested on this occasion were subsequently released and they are at liberty while their trials are continuing. The Government states that these arrests in no way constitute an attack on DISK as a legal entity, since no legal action has been taken against it and it has continued to operate normally. Finally, the Government stresses that the charges made against certain DISK leaders are not connected with their trade union activities.
8. 586. In its communication of 17 August 1979 the Government reaffirms in particular that the martial law in force in some provinces has no direct effect on trade union activities.
9. 587. The Committee notes that the present case concerns the arrest of a large number of persons, including leaders of the Confederation of Unions of Revolutionary Workers, following the celebration of May Day at Istanbul in the light of the observations supplied by the Government, it would appear that this demonstration had been prohibited under the martial law at present in force in certain provinces of the country. On the other hand, the demonstrations organised on 1 May in provinces not subject to martial law had been authorised. According to the information supplied both by the complainant organisation and by the Government, the persons arrested were subsequently released. Nevertheless, it appears from the Government's communication that their trials are continuing although they are at liberty.
10. 588. In cases where it has considered complaints concerning alleged infringement of trade union rights committed under a state of emergency or a state of siege, the Committee has always expressed the opinion that it was not competent to come to a decision on the nerds or the advisability of such legislation, which is a question purely political in character, but it has taken the view that it should consider the repercussions which such legislation might have on the free exercise of trade union rights.
11. 589. In the present case, the special circumstances of the country and the application of martial law have led to the prohibition of open-air demonstrations, particularly in Istanbul.
    • In this respect the Committee wishes to recall, as it has done in earlier cases, that the right to organise public meetings and processions on May Day constitutes an important aspect of trade union rights, provided that the legal provisions on public order are observed. The Committee has also expressed the view that if, in order to avoid disturbances, the authorities decide to prohibit a trade union meeting planned to take place on some part of the public highway, these same authorities should strive to come to an agreement with the organisers of the meeting in order to allow it to be held in some other place where there would be no fear of disturbances.

B. B. The Committee's conclusions

1. 590. The Committee notes with interest that the persons arrested during the demonstrations have now been released. In so far as they remain subject to trial, the Committee, in accordance with its usual practice, would like to be informed of the result of any current legal proceedings. Finally, the Committee notes that the Government's observations on the latest WCL communication have not yet been received.

The Committee's recommendations

1. 591. In these circumstances, the Committee recommends the Governing Body:
   • (a) to take note of the information supplied by the Government as regards the application of martial law in certain provinces of the country and its statement to the effect that this situation does not affect trade union rights and freedoms;
   • (b) to draw the Government's attention to the principles set forth in paragraph 589 above as regards the right to hold meetings and demonstrations on May Day;
   • (c) to note with interest that the persons arrested following the May Day demonstrations have been released;
   • (d) to request the Government to supply information on the results of any current legal proceedings and to send its observations on the latest WCL allegations referred to in paragraph 582 above;
   • (e) to take note of the present interim report.