Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments.

Article 1(1) and Article 2(1) and (2)(c) of the Convention. The Committee previously noted that, under section 59 of Decree No. 14310/K of 11 February 1949, persons sentenced to detention or to imprisonment with labour outside the prison may not be required to work without their consent. The Committee requested the Government to provide information on the conditions and circumstances under which such persons work, and on the safeguards that exist to ensure that prisoners who work voluntarily for private employers do so under conditions approximating a free employment relationship.

The Committee also sought information on conditions under which prisoners work for private individuals, companies or associations when placed in the system of probationary release (article 87 of the Penal Code).

The Committee has noted the Government’s indication in the report that it forwarded a copy of the Committee’s comments to the bodies concerned. It hopes that the Government will soon be able to communicate the information requested.

The freedom of career members of the armed forces to leave the service. The Committee previously noted that, under Legislative Decree No. 102 of 16 September 1983, which embodies the law on national defence, section 51 respecting the status of volunteer officers includes provisions under which officers may, under certain enumerated conditions, resign from service upon submitting a request but in some cases, only "if it is accepted". It requested the Government to provide information on the criteria used in ruling upon resignation requests submitted by persons serving in the armed forces on a voluntary basis, in those situations where the freedom to terminate the service depends upon the request being accepted. The Committee also asked the Government to supply information on whether, and under what conditions, privates and non-commissioned officers may, prior to completion of their voluntary service contract, be demobilized in peacetime within a reasonable period, either at specified intervals or with previous notice.

Having noted the Government’s indication in its report that the Committee’s comments have been communicated to the competent bodies, the Committee expresses the hope that the Government will not fail to communicate the information requested in its next report.

Article 25. In its earlier comments, the Committee noted the Government’s indications that section 569 of the Penal Code, which establishes penal sanctions against any individual who deprives another of personal freedom, applies to the illegal exaction of forced or compulsory labour. It requested the Government to provide information on any legal proceedings which had been instituted to enforce section 569 as applied to forced or compulsory labour and on the penalties imposed, including copies of any relevant court decisions.

The Committee also noted that paragraph 3(a) of article 8 of Decree No. 3855, of 1 September 1972, provides that it shall be forbidden to impose forced or compulsory labour on any person. The Committee sought information on any criminal penalties which may be imposed under this provision of Decree No. 3855, and requested copies of any relevant court decisions.

The Committee has noted the Government’s assurances that it will communicate the information requested, as soon as it gets a reply from the bodies concerned, and expresses the hope that the Government will be in a position to provide such information in its next report. Please also supply a copy of a draft amendment to the Labour Code prepared by the tripartite committee set up by Order No. 210/1, of 21 December 2001, of the Minister of Labour, which contains provisions punishing various forms of forced or compulsory labour, including slavery and slavery-like practices, to which reference was made in the Government’s reply to the Committee’s general observation of 2000 concerning measures to combat trafficking in persons.