Informe provisional - Informe núm. 202, Junio 1980

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

1. 355. The Committee has already examined this case at its November 1979 and February 1980 sessions, on each of which occasions it presented an interim report to the Governing Body.
2. 356. Since its last examination of the case the Committee has received further allegations in a telegram from the international Federation of Teachers' Unions, dated 14 March 1980. The Trade Unions International of Workers in Commerce sent additional information on 11 April 1980. The Government sent its observations in a communication of 30 April 1980.
3. 357. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 358. The allegations remaining outstanding after the examination of the case by the Committee in February 1980 relate, firstly, to the legal proceedings pending against a number of persons, including Mr. Fehmi Isiklar, General Secretary of the Confederation of Progressive Trade Unions of Turkey (DISK), after they had taken part in, trade union meetings. Secondly, they relate to the arrest of Mr. Gultekin Gazioglu and ten members of the executive Committee of the Association of Turkish Teachers (TOEBDER), and the arrest of many other teachers, followed at the beginning of 1980 by the dissolution of TOEBDER by the military commander under the state of siege in Ankara. Finally, the allegations relate to the arrest of Mr. Kemal Türkler, President of the Union of Metallurgical Workers (MADEN-IS) and of four other officials of that organisation, and the arrest of two officials of the BANKSEN and BAYSEN unions. The seven unionists were arrested on the grounds that they sang the Internationale at the MADEN-IS National Congress in December 1979. According to the military court of the first army of Istanbul, the Internationale is "the hymn of the communist countries"; these persons were accordingly prosecuted for a breach of the Turkish Penal Code. The complainants, in this regard, alleged that the procedure contained deficiencies in legal form and that the arrests were therefore arbitrary.
2. 359. In a communication dated 4 February 1980, WFTU mentioned other violations of trade union rights relating, firstly, to the arrest of Mr. Abdullab Yilmaz, President of the MADEN-IS Regional Federation in Ankara, because the forces of order had found "prohibited publications" on the premises of the Federation. Secondly, the complainant organisation alleged that the premises of the Regional Federation of the Confederation of Workers in the National Defence Industry (ASTER-IS) and those of the MADEN-IS Regional Federation were closed. Moreover, the forces of order had searched the premises of the Local Federation of GIDA-IS (Federation of Unions of the Food Industry). Finally, the complainant organisation alleged that six trade union delegates had been held in custody for a week at the end of December 1979, following a dispute at the NETAS metal works, where the workers were protesting against the arrest of their union leaders.
3. 360. At its March 1980 session the Governing Body, on the recommendation of the Committee:
   • - took note of the Government's statement that Mr. Fehmi Isiklar had been released and that his arrest and the proceedings against him were motivated by reasons which had no relation to the exercise of trade union rights;
   • - requested the Government to send its observations on the further allegations submitted by the International Federation of Teachers' Unions, the World Federation of Trade Unions, the Trade Unions International of Workers in the Metal Industry and the Trade Unions International of Workers in Commerce;
   • - requested the Government to supply information on the results of any current legal proceedings.

B. Further allegations

1. 361. In a telegram of 14 March 1980, the International Federation of Teachers' Unions presented a new complaint in respect of Mr. Gultekin Gazioglu and other members of the executive Committee of TOEBDER. The International Federation of Teachers' Unions protests the judgements handed down in the case of these persons by the martial law court of Ankara. The Federation demands the release of the arrested officials, an end to the repression of trade unions and democratic associations, and respect for human rights and democratic freedoms is Turkey.
2. 362. By a communication of 11 April 1980, the Trade Unions International of Workers in Commerce informed the ILO of the release of certain trade union leaders, including Mr. Metin Denizmen, President of BANKSEN. The International nevertheless states that the grounds for the legal proceedings against the leaders have been maintained.

C. Reply of the Government

1. 363. In its letter of 30 April 1980 the Government states, firstly, that the TOEBDER organisation is not a trade union but an association which is prohibited by law from engaging in activities beyond the purpose for which it was formed. Secondly, the Government states that the leaders of TOEBDER were arrested on the grounds that their activities went beyond the aims of their association, and that this constitutes a breach of the Penal Code. Furthermore, legal proceedings have been instituted against these persons. The Government also states that TOEBDER has not been dissolved, but that its activities have been forbidden.
2. 364. Regarding the arrested officials belonging to the MADENIS, BANKSEN and BAYSEN unions, the Government again states that the grounds for the arrests were of a criminal nature, as are the current legal proceedings. In support of its statement, the Government explains that the MADEN-IS union is engaged in collective bargaining with an employers' organisation, and that the union will not hesitate to resort to strike action in the event of a breakdown in the negotiations. This, in the Government's view, proves that the legal proceedings against certain officials are unconnected with the exercise of trade union rights by MADEN-IS.

D. Conclusions of the Committee

1. 365. The Committee notes that the case comprises three sets of allegations: the arrests of trade union leaders, the dissolution, of a Turkish teachers' union and measures taken by the public authorities against regional or local federations (searches and closing of premises).
2. 366. As regards the allegations relating to the dissolution of the teachers' union, the Committee notes that, according to the Government, the TOEBDER organisation is not a union but an association. In this respect the Committee notes that under the Constitution (section 119, as amended by Act No. 1488 of 1971), officials may not join unions. Consequently, this category of workers may only constitute associations to protect their professional interests (Act No. 1630). The Committee feels obliged to recall in this connection that, in order to be in conformity with the principles of freedom of association, national legislation must allow workers, including public officials, without distinction whatsoever, to constitute organisations of their own choosing. In the present case it would appear that the TOEBDER association was an association for the defence of the interests of teachers and that, as such, like any workers' organisation, it should not be subject to dissolution or suspension by administrative authority.
3. 367. As regards the arrest of many trade union officials, the Committee notes the statements of the Government that the charges related to breaches of the Penal Code and that they were unconnected with the exercise of trade union rights.
4. 368. The Committee also notes that certain of the arrested trade union officials mentioned in the complaint of the Trade Unions International of Workers in Commerce were released on 12 February 1980 after being held for 27 days.
5. 369. The Committee further notes that the trade union officials or militants who have been released, including Mr. Metin Denizmen and Mr. Fehmi Isiklar, are being prosecuted on grounds which, according to the complainants, are directly connected with the exercise of trade union rights. Furthermore, the proceedings carried out in respect of the members of the TOEBDER association, including Mr. Gultekin. Gazioglu, have been the subject of a further complaint by the International Federation of Teachers' Unions.
6. 370. In this connection the Committee wishes to recall that in many cases where allegations that trade union leaders or workers have been arrested on account of trade union activities have been refuted by governments or met with statements that the arrests were made for subversive activities, for reasons of internal security or for common-law crimes, 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, together with their outcome, to enable it to examine the allegations with full knowledge of the facts.
7. 371. The Committee would therefore like to receive detailed information on the present situation of the trade union officials and militants mentioned in the various communications of the complainants and on the outcome of any legal proceedings that may have been instituted against them, in particular on the judgements handed down in the case of Mr. Gultekin Gazioglu and his companions.
8. 372. The Committee would also like the Government to send its observations regarding the allegations respecting the search and closure of trade union premises.

The Committee's recommendations

1. 373. In these circumstances the Committee recommends the Governing Body:
   • (a) to note that certain trade union officials and militants have been released;
   • (b) to draw the attention of the Government to the considerations set forth in paragraph 366 above concerning the dissolution of the TOEBDER association;
   • (c) to request the Government to supply:
   • (i) its observations on the allegations of the complainants respecting the search and closure of regional or local premises of union federations;
   • (ii) detailed information on the present situation of the trade unionists mentioned above;
   • (iii) the results of the legal proceedings instituted against these trade union officials and the judgements in the case of Mr. Gultekin Gazioglu and his companions;
   • (d) to take note of this interim report.