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Arrest and detention of trade unionists (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0203 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060203 Arrest and detention of trade unionists (See also paras. 151, 174, 671, 672, 673 and 674.)61. The detention of trade union leaders or members for trade union activities or membership is contrary to the principles of freedom of association. (See the 1996 Digest, paras. 69 and 72; 302nd Report, Case No. 1824, para. 155, Case No. 1849, para. 213, and Case No. 1773, para. 476; 304th Report, Case No. 1850, para. 211, and Case No. 1865, para. 245; 305th Report, Case No. 1773, para. 369; 307th Report, Case No. 1864, para. 432; 308th Report, Case No. 1920, para. 524; and 334th Report, Case No. 2249, para. 866.) 62. The arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers’ organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association.(See the 1996 Digest, para. 70; and, for example, 299th Report, Case No. 1772, para. 129; 300th Report, Case No. 1818, para. 363; 309th Report, Case No. 1851/1922, para. 236; 323rd Report, Case No. 1988, para. 53; 326th Report, Case No. 2116, para. 357; 328th report, Case No. 2143, para. 594; 330th Report, Case No. 2189, para. 455; 331st Report, Case No. 2220, para. 575; 336th Report, Case No. 2340, para. 651; and 337th Report, Case No. 2365, para. 1664.) 63. Measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights.(See the 1996 Digest, para. 77; and, for example, 305th Report, Case No. 1805, para. 224; 307th Report, Case No. 1863, para. 342; 308th Report, Case No. 1934, para. 131; 311th Report, Case No. 1969, para. 147; 320th Report, Case No. 2023, para. 428; 325th Report, Case No. 2109, para. 461; 326th Report, Case No. 2116, para. 357; 328th Report, Case No. 2129, para. 603; 331st Report, Case No. 2169, para. 638.) 64. The detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular.(See the 1996 Digest, para. 71; and, for example, 302nd Report, Case No. 1826, para. 413; 316th Report, Case No. 1773, para. 609; 318th Report, Case No. 1994, para. 457; 325th Report, Case No. 2052, para. 410; 330th Report, Case No. 1961, para. 74; 332nd Report, Case No. 2090, para. 354; 334th Report, Case No. 2313, para. 1118; 336th Report, Case No. 2340, para. 651; and 337th Report, Case No. 2189, para. 483, and Case No. 2365, para. 1664.) 65. Measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in trade union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association.(See the 1996 Digest, para. 74; 323rd Report, Case No. 2079, para. 541; 333rd Report, Case No. 2153, para. 212; and 336th Report, Case No. 2321, para. 494.) 66. The detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association. (See the 1996 Digest, para. 75; 300th Report, Case No. 1649, para. 454; and 305th Report, Case No. 1870, para. 145.) 67. The arrest of trade unionists and leaders of employers’ organizations may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities.(See the 1996 Digest, para. 76; 308th Report, Case No. 1888, para. 344; 331st Report, Case No. 2220, para. 575; 332nd Report, Case No. 2090, para. 355, and Case No. 2238, para. 969; 334th Report, Case No. 2313, para. 1118; and 337th Report, Case No. 2189, para. 484.) 68. The apprehension and systematic or arbitrary interrogation by the police of trade union leaders and unionists involves a danger of abuse and could constitute a serious attack on trade union rights.(See the 1996 Digest, para. 78.) 69. The arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights.(See the 1996 Digest, paras. 79 and 82; 299th Report, Case No. 1803, para. 338; 300th Report, Case No. 1818, para. 364; 302nd Report, Case No. 1846, para. 266, and Case No. 1833, para. 552; 331st Report, Case No. 2217, para. 200, and Case No. 2169, para. 638.) 70. The arrest of trade unionists against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests.(See the 1996 Digest, paras. 80 and 81; 304th Report, Case No. 1649, para. 391; 308th Report, Case No. 1917, para. 205; 323rd Report, Case No. 2028, para. 212; 326th Report, Case No. 2017/2050, para. 279; 328th Report, Case No. 2158, para. 322; and 331st Report, Case No. 2220, para. 575.) 71. The arrest of employers’ offi cials for reasons linked to actions relating to legitimate demands is a serious restriction of their rights and a violation of freedom of association.(See 334th Report, Case No. 2254, para. 1084.) 72. While persons engaged in trade union activities or holding trade union offi ce cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists.(See the 1996 Digest, para. 83, and, for example, 304th Report, Case No. 1865, para. 246; 318th Report, Case No. 2005, para. 179; 320th Report, Case No. 2048, para. 716; 321st Report, Case No. 1888, para. 233; 323rd Report, Case No. 2074, para. 149; 324th Report, Case No. 2031, para. 47; 327th Report, Case No. 2148, para. 802; 333rd Report, Case No. 2153, para. 213; 337th Report, Case No. 2189, para. 475; and 338th Report, Case No. 2382, para. 531.) 73. Prosecutions, or other forms of sanction, should not in any way be instituted against trade union leaders who bring a case before the Freedom of Association Committee and the charges against them should be withdrawn immediately.(See 308th Report, Case No. 1920, para. 524.) 74. Union leaders should not be subject to retaliatory measures, and in particular arrest and detention without trial, for having exercised their rights which derive from the ratification of ILO instruments on freedom of association, in this case for having lodged a complaint with the Committee on Freedom of Association.(See 338th Report, Case No. 2382, para. 532.) 75. The arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights unless attended by appropriate judicial safeguards.(See the 1996 Digest, para. 84; 308th Report, Case No. 1888, para. 344; and 333rd Report, Case No. 2268, para. 755.) |
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