Rapport définitif - Rapport No. 76, 1964

Cas no 375 (Chypre) - Date de la plainte: 13-JANV.-64 - Clos

1. 72. The complaint of the Cyprus Turkish Trade Union Federation is contained in a communication dated 13 January 1964.
2. 73. As this communication consists of only one allegation relating to the exercise of trade union rights accompanied by a number of allegations relating to political matters, the Director-General, as authorised by a decision taken by the Governing Body at its 117th Session (November 1951), submitted the complaint to the Committee for an opinion, prior to communicating it to the government concerned for its observations.

A. A. The complainants' allegations

1. 74. At its meeting in February 1964 the Committee decided that only that part of the complaint which relates to a specific alleged infringement of trade union rights should be communicated to the Government for its observations. The part of the complaint in question was transmitted to the Government by a letter dated 4 March 1964. The Government forwarded its observations by a communication dated 15 April 1964. Further information in support of the complaint was furnished by the complainant in a letter dated 30 March 1964, a copy of which was transmitted to the Government on 28 April 1964.
2. 75. In its communication dated 13 January 1964 the complaining organisation alleges that Mr. Osman Arif, Famagusta representative of the Cyprus Turkish Trade Union Federation, was arrested at Nicosia Airport, on his return after having had medical treatment in Ankara, without a warrant for his arrest, and that he was subjected to torture during his detention.
3. 76. In a later communication dated 30 March 1964 the complainant states that Mr. Arif was granted sick leave by his executive committee, after producing certificates from his doctor, and went to Turkey for treatment. He returned on 24 December 1963, and it is alleged, when he arrived at Nicosia Airport, that he was put in a cell from 4.30 p.m. until midnight and told by a senior Greek Cypriot police officer that he would be shot. He was then moved to the Central Prison and held there until 31 December. It is alleged that he was ill-treated and beaten up on several occasions.
4. 77. The Government, in its communication dated 15 April 1964, begins by stating that the detention of Mr. Arif cannot be linked with his capacity as a trade unionist, and denies that he was ever tortured. According to the Government he arrived at Nicosia on 27 December. For some days heavy fighting had been taking place between Greek and Turkish Cypriot elements; Nicosia was sealed off and all roads cut, and it would have been too dangerous to allow any person to cross to the Turkish sector or travel outside Nicosia. Hence, all Cypriots arriving at Nicosia Airport were prevented from leaving the Greek quarter, in which the airport is situated. Mr. Arif, says the Government, did not reveal his identity as a trade unionist, but in any case that had nothing to do with the matter. All the passengers from Mr. Arif's aeroplane were given " protective accommodation " from 27 to 31 December. Seventy-eight persons, including Mr. Arif, were thus accommodated in a specially converted wing of the Central Prison and hundreds of others in schools, police stations, etc. The Government states that their names were listed for record purposes but that none of them was ever charged with any offence or questioned or treated as a detainee or prisoner. In support of its contention that neither Mr. Arif nor any other person was ever tortured the Government produces certificates denying ill-treatment and confirming that all those concerned were in good health and made no complaints, signed respectively by the Chief Inspector of Prisons, the British R.A.F. Group Captain to whom they were handed over, the Acting Principal Welfare Officer of Cyprus and the representative in Cyprus of the Order of St. John, who talked with all the persons concerned.
5. 78. In reply to the complaint, which is in somewhat general terms and furnishes no real allegation linking the involuntary stay of Mr. Arif in Nicosia with any of his trade union activities beyond stating that he is in fact a trade union officer, the Government has given very full information to show that not only be but all the passengers on his aeroplane and hundreds of others were made to remain in Nicosia for their own safety during a period of heavy fighting and has produced corroboration from several sources of its claim that neither he nor any others among those concerned were ever tortured.

The Committee's recommendations

1. 79. In these circumstances the Committee, considering that the complainants have not produced evidence to show that the fact that Mr. Arif was temporarily obliged to, remain in Nicosia had any connection with his status as a trade union official or with his trade union activities, recommends the Governing Body to decide that the case does not call for further examination.