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Bringing of charges and sentencing of trade unionists to imprisonment (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0209 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060209 Bringing of charges and sentencing of trade unionists to imprisonment 92. The Committee has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent. (See the 1996 Digest, para. 44; and 333rd Report, Case No. 2268, para. 744.) 93. The arrest and sentencing of trade unionists to long periods of imprisonment on grounds of the “disturbance of public order”, in view of the general nature of the charges, might make it possible to repress activities of a trade union nature.(See the 1996 Digest, para. 64; 305th Report, Case No. 1773, para. 365; 318th Report, Case No. 2005, para. 180; 320th Report, Case No. 2048, para. 721; and 330th Report, Case No. 2189, para. 456.) 94. In cases involving the arrest, detention or sentencing of a trade union official, the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, has considered that it was incumbent upon the government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned.(See the 1996 Digest, para. 65; 305th Report, Case No. 1870, para. 145; 331st Report, Case No. 2169, para. 638; 337th Report, Case No. 2268, para. 1092; and 338th Report, Case No. 2387, para. 863.) 95. Any sentences passed on trade unionists on the basis of the ordinary criminal law should not cause the authorities to adopt a negative attitude towards the organization of which these persons and others are members.(See the 1996 Digest, para. 66; and 335th Report, Case No. 2304, para. 1016.) |
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