Rapport intérimaire - Rapport No. 97, 1967

Cas no 519 (Grèce) - Date de la plainte: 28-AVR. -67 - Clos

1. 4. The complaints of the World Federation of Trade Unions (W.F.T.U.), the International Confederation of Free Trade Unions (I.C.F.T.U.) and the International Federation of Christian Trade Unions (I.F.C.T.U.) are contained in three communications addressed directly to the I.L.O on 28 April, 10 May and 19 May 1967 respectively. Copies thereof were transmitted to the Government, for its observations, by three letters dated 5, 16 and 23 May 1967. The Government furnished its observations on the complaint of the W.F.T.U in a communication dated 18 May 1967.
2. 5. Greece has ratified 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).

A. A. The complainants' allegations

1. 6. The complainants allege that the installation of the Military Government in Greece, following the events of 21 April 1967, has resulted in very serious violations of democratic freedoms and trade union rights. Constitutional guarantees having been suspended, there has been a brutal wave of repression, it is alleged, against the workers and their organisations.
2. 7. According to the complainants, the suspension of sections 5, 6, 8, 10, 11, 12, 14, 18, 20 and 97 of the Greek Constitution has had the result of " liquidating civil liberties " and is giving " to the military the most absolute power: to imprison, without justified warrant issued by the judicial authorities; to prolong the preventive detention of those arrested for an indefinite period; to remove those arrested from the legal jurisdiction of the normal judiciary; to bring civilians before military tribunals; to violate personal correspondence; to violate the individual domicile and the domicile of social organisations ". The complainants contend, in particular, that the suspension of sections 11 and 12 of the Constitution involves a very serious infringement of trade union rights " since these measures annul the right of association " and " authorise the invasion of trade union premises ". The complainants also allege that the Military Government has decreed that " the formation of any association for trade union purposes is absolutely prohibited " and that strikes are illegal.
3. 8. Finally, the complainants draw attention to the outlawing of many trade union organisations and to the arrest of numerous trade unionists.
4. 9. As was noted in paragraph 4 above, the Government has so far furnished observations only on the allegations formulated by the W.F.T.U in its communication dated 28 April 1967.
5. 10. In the reply in question the Government begins by declaring that revolutionary slogans, the debasement of institutions and the systematic promotion of dissension had created a climate favourable to a take-over-perhaps permanently-by communism in Greece and, as a corollary, the disappearance of all freedom and the abolition of democratic institutions. The Government goes on to state that, in these conditions, " what took place on 21 April 1967 was neither a revolution by the Army nor a movement to impose a dictatorship, but was in fact an uprising of all true Greeks, of all those who wish to see their homeland strong and free, who believe in religion and the family and who wish to be able to think, act and work in freedom, and not as slaves of a Communist dictatorship ". The Government adds that certain measures have indeed been taken and, in particular, that several provisions of the Constitution have been suspended but not sections 18 and 20 thereof as alleged by the W.F.T.U.; it states, however, that the measures were indispensable to ward off the danger which threatened the country. The Government affirms that trade unionism is completely free in so far as it is a real trade unionism fit to protect the rights of the workers and not a trade unionism in the service of political parties. The Government admits that certain offences are tried before military tribunals but says that these are offences which " undermine the foundations of the country and seek to overthrow the free, democratic régime ". It adds that any free country threatened in the same manner would have acted similarly and points out that the measures taken have not harmed and will not harm any Greek obeying the laws. In conclusion the Government states that the International Labour Office may send representatives to see for themselves on the spot that absolute liberty exists in Greece.
6. 11. As the observations of the Government relate only to one of the three complaints submitted to the I.L.O, the Committee considers that it would not be appropriate for it to formulate recommendations to the Governing Body before it has been able to take account of the Government's observations on the allegations made by the two other complaining organisations, namely the I.C.F.T.U and the I.F.C.T.U.
7. 12. Nevertheless, the Committee has noted that the elements of information it has before it and, in particular, official statements by the Greek authorities published in the Greek press contain references to events and measures some of which coincide with those referred to by the three complainants in their communications.
8. 13. Thus, according to a Royal Decree published in the Greek press, the articles of the Constitution mentioned by the complainants have been suspended.
9. 14. By virtue of Royal Decree No. 280 of 21 April 1967, the Act of 1912 respecting the state of siege was brought back into force and, according to an official communiqué published in the Greek press, this has the following consequences: " The arrest and incarceration of any individual is authorised without any formality, that is to say, without warrant issued by the competent authority and without it being necessary for the person concerned to be apprehended when committing the act; liberation on bail is prohibited in the case of any political offence and detention on this ground is not subject to any limitation of time; any individual, whatever his status, may be brought before exceptional tribunals (courts martial) or extraordinary judicial committees; all assemblies or meetings in premises or in public places are prohibited; such meetings shall be dispersed by armed forces; the creation of any corporation for trade union purposes is prohibited; strikes are absolutely prohibited; any search made during the daytime or during the night at the home of an individual, in public buildings and in governmental services is authorised without any restriction; the communication and publication of news by any means, press, radio or television, is prohibited unless previously submitted for censorship; letters and any other means of correspondence are subject to censorship; crimes, political offences and press offences, whether or not they concern the private lives of those concerned, and also punishable acts normally within the competence of courts of second instance, are tried indiscriminately by exceptional tribunals (courts martial); any individual who commits a punishable act, even if he does not endanger the safety of the armed forces of the country, is subjected to the jurisdiction of the exceptional tribunals (courts martial) ".
10. 15. A communiqué issued by the General Staff on 25 April 1967, and published in the Greek press, provides, in particular, that " meetings of more than five persons in public places and meetings in private premises, with the exception of places of entertainment ", are prohibited.
11. 16. Finally, a decision of the General Staff dated 4 May 1967, also cited in the Greek press, orders: " (a) the suppression and dissolution of the following associations and organisations, as well as of the organisations affiliated to them and of all their sections functioning throughout the national territory; (b) the seizure of all their movable and immovable property (furniture, office equipment, etc.), all leases being henceforth considered terminated; (e) the seizure of their archives and the placing thereof in the custody of the competent police authorities; (d) the suppression of any written matter bearing the name of the association or organisation concerned; (e) the seizure of their funds deposited in banking establishments in Greece; the establishments in question are obliged to inform the competent military leaders within 24 hours of the amount of funds deposited by these organisations; (f) the associations and organisations which shall be dissolved are cited below ". There follows a list of 280 associations and organisations, including some 150 workers' centres or trade union organisations of first and second degree.

B. B. The Committee's conclusions

1. 17. In view of the nature of the allegations made and the official statements by the Greek authorities published in the Greek press, the Committee, having regard to the fact that Greece has ratified 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 is therefore bound to respect the obligations ensuing for Greece as a result of such ratifications, considers that, without at this stage formulating any conclusions on the specific allegations before it to which the Government has not yet replied, it should place on record without delay the importance which the Governing Body has always attached to certain fundamental principles which would appear to be in issue in this case.
2. 18. These principles are:
   • (a) when trade unionists are arrested for political offences or common law crimes they should, like all other persons, be judged promptly by an impartial and independent judicial authority with all the guarantees of normal judicial procedure;
   • (b) workers shall have the right to establish and join organisations without previous authorisation (Article 2 of Convention No. 87);
   • (c) the public authorities shall refrain from any interference which would restrict the right of workers' and employers' organisations to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes (Article 3 of Convention No. 87);
   • (d) freedom of meeting and freedom of expression, in particular through the press, are essential aspects of freedom of association;
   • (e) trade unions shall not be liable to be dissolved or suspended by administrative authority (Article 4 of Convention No. 87);
   • (f) the property of trade unions should enjoy adequate protection;
   • (g) the right to strike of workers and their organisations as a legitimate means of defending and promoting their occupational interests is generally recognised.

The Committee's recommendations

• Geneva, 31 May 1967. (Signed) Roberto AGO, Chairman.