Informe definitivo - Informe núm. 160, Marzo 1977

1. 40. The Committee examined this case in November 1974 and again in November 1975 and submitted at each of these sessions an interim report These reports are reproduced in paragraphs 349 to 363 of its 147th Report and 254 to 269 of its 153rd Report, respectively.
2. 41. Yemen 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. 42. The World Federation of Trade Unions (WFTU) alleged, in particular, that the authorities were holding numerous trade unionists in prison. Normal procedure was not applied and the courts had not pronounced any sentence on them. 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 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 in case of refusal. Faced with the firm attitude of these trade unionists, the authorities are stated to have executed one of them, Mr. Ahmed Said Murchid, without trial. They are also said to have executed one of the leaders of the Fuel Trade Union, Mr. Kassim Saif. The complainant stated that arrests were continuing to take place and in particular that the following had been arrested: the majority of the directorate of the Workers' Confederation of the Yemen (FYTU), including Mr. Ahmad Abdul 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.
2. 43. 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.
3. 44. In November 1974 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.
4. 45. In a further communication the Government stated that it had been proved 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 had been 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 Republic. The judgment, the Government added, referred to the following crimes: having being 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 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 also stated 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.
5. 46. The Government categorically denied the arrest of the leaders of the Drivers' Trade Union and stated that this organisation was still in operation. It also denied the execution of Messrs. Ahmed Said Murchid and Kassim Saif, pointing out that no harm had been done to them. The Government declared further that Mr. Ahmad Abduh Ganim was an army lieutenant. He had been arrested for having been implicated in activities which disturbed the public peace and violated the Constitution and the military laws. He had appeared before the tribunal and had been sentenced to imprisonment. As far as the other trade union leaders named by the complainant were concerned, the Government stated that all that had been said regarding Messrs. Ahmad Nooman, Abdul Rahman Saleh, Abdullah Ahmad Mugbena and Mohammad Al Tal was without foundation and that these people were all working in the Yemen.
6. 47. The Committee had noted in November 1975 that, according to the Government, several of the trade unionists referred to in the complaint had not been dealt with as alleged. On the other hand, Messrs. Ali Kassim Saif, Abdul Gabar Abdul Hameed, Anwer Ahmed Galeb and Mohamed Ad-Dahbali had been executed. Although the texts of the judgments had not been communicated, the Government stated that these sentences had been pronounced for deeds totally unconnected with trade union activities.
7. 48. Mr. Ahmad Abduh Ganim had, for his part, been sentenced to imprisonment for serious attacks against public peace and order. The Government had not, however, supplied details on the facts which led to this sentence. Nor had 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 were alleged to have been arrested. The Government only gave some information about the presidents of these unions who, according to the Government, were all working in Yemen.
8. 49. In these circumstances, the Committee had recommended the Governing Body: (a) to request the Government to supply the texts of the judgments pronounced against the persons executed, as well as against Mr. Ahmad Abduh Ganim; (b) to request the Government to forward information on the present whereabouts of the leaders, other than the presidents, of the Workers' Federation of the Yemen and of the Aviation, the Transport Workers', the Electric workers' and the Textile Workers' and Spinners' Unions in respect of whom the Government had already supplied information; (c) to request the complainants to forward their comments on the statement of the Government that Messrs. Ahmed Said Murchid and Kassim Saif had not been executed nor had any harm been done to them, it being understood that the Government would have the opportunity to make its observations on these comments.
9. 50. This last request was communicated to the complainants but, despite the time which has elapsed, they have not forwarded any communication on this matter.
10. 51. The Government replied in a communication dated 6 September 1976 and transmitted a copy of the judgments that had been pronounced in this case. The Government repeated that all the persons sentenced - who, according to the Government, were in no way trade unionists and were not connected in any way with the trade unions - had been the subject of an investigation whereby it was established that they were saboteurs who had employed criminal methods; they were sentenced following a free, public trial. As far as the other trade unionists mentioned in the complaint were concerned, they were at liberty and going about their normal work; their movements and their freedom had in no way been hampered.
11. 52. The Government added that, since the criminal activities of the above-mentioned persons had been proved, and since the Committee was not competent to deal with such questions, which are unconnected with the exercise of freedom of association, it could refuse to transmit the texts of the judgments requested. However, the Government continued, in view of its desire to give proof of its goodwill in the pursuit of close co-operation with the international community and, in particular, with the ILO and all its organs, it had agreed to comply with the Committee's request and had forwarded the texts of the judgements.
12. 53. The Government also stated that the Workers' Federation of the Yemen was nothing but a fictitious organisation which carried out its activities abroad; it had no link whatsoever with the Yemeni workers' groups who actively participated in the work of the ILO and the Arab Labour Organisation and who paid frequent visits to workers in other countries.
13. 54. From the judgements communicated by the Government it emerges that Messrs. Ahmad El Jabbar Abed El Hamid Alwane, Anwer Ahmad Said Galeb, Mohamed Kaed Abed Ahah Ad-Dahbali, Ali Kassim Saif and Ahmad Abduh Ganim were found guilty of offences such as belonging to a terrorist association, transporting and possessing arms and explosives, and planting bombs and explosives. The first three persons were condemned to death; the tribunal established that the fourth person died in his room, at the time of his arrest as the result of a heart attack and had not been subjected to any form of torture; the fifth person was sentenced to three years in prison.

B. B. The Committee's conclusions

1. 55. The Committee would first of all point out that, when persons are sentenced for reasons unconnected with the exercise of trade union rights, the matter falls outside its competence. Nevertheless, the Committee has considered on a number of previous occasions' that the question as to whether the matter is to be regarded as a matter relating to a criminal offence or as a matter relating to the exercise of trade union rights is not one which can be determined unilaterally by the Government concerned, but that it is incumbent on the Committee to decide this in the light of all the information, and in particular in the light of the text of the judgments.
2. 56. In the present case, the Committee notes the information supplied by the Government. In particular, the judgements communicated confirm the Government's statement that the persons referred to were sentenced for acts totally unconnected with trade union activities. The Committee also observes that the complainants have failed to provide the additional information requested regarding Messrs. Ahmed Said Murchid and Kassim Saif.