Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that in its report received in 2008, the Government states that in view of the restructuring of the justice and communication sectors, it would send replies to the Committee’s comments at a later date. The Committee recalls that national laws and regulations governing the exercise of civil rights and liberties – the rights and liberties under which people express their political opinions – may be incompatible with the Convention when they provide for the imposition of prison sentences and when they make prison labour compulsory. Thus, the exaction of prison labour from someone who has been sentenced to imprisonment having peacefully expressed certain political views or opposed the established political, social or economic system will be covered by the Convention.

In its previous comments, the Committee noted that the legislation refers to work carried out by prisoners but does not specify whether prison labour is compulsory (sections 23 and 24 of Act No. 144/AN/80 of 16 September 1980 issuing the Prison Code) and appears to give political prisoners a special, more favourable status but makes no mention of work (sections 3, 42 and 43 of the Prison Code). The Committee further observed that prison sentences may be imposed for breach of some provisions of the legislation that govern the exercise of certain rights and freedoms protected by the Convention.

In view of the points raised above, the Committee once again asks the Government to indicate whether prison labour is compulsory. If so, please specify whether political prisoners are exempt in this regard.

Pending these clarifications, the Committee would be grateful if the Government would provide information on the manner in which the provisions below are applied by the courts: the frequency with which they are applied, the circumstances allowing violations to be identified and the nature of the penalties imposed (where appropriate please send samples of court decisions):

–      Section 19 of Act No. 1/AN/92/2eL of 15 September 1992 on political parties under which whosoever, in breach of this Act, founds, directs or administers a party whatever its form or denomination is liable to a penalty of imprisonment of from six to twelve months and a fine, or one of these two penalties. Under the same provision, a prison term of from one to five years and a fine may be imposed on any person directing, administering or belonging to a political party that is maintained or reconstituted during this suspension or after it has been dissolved.

–      Sections 77, 78 and 79 of the Act on freedom of communication (No. 2/AN/92/2eL) establishing as criminal offences and setting penalties for: libel and slander; contempt towards the President of the Republic (prison sentence of between three months and one year); and the publication, dissemination or reproduction by whatever means of false information (prison sentence of between one and three years).

–      Sections 182, 188(1), 189 and 427 of the Penal Code, which envisage prison penalties in a number of circumstances: the organization of a demonstration in a public place without advance notice or in breach of a prohibition, or the filing of an incomplete or inaccurate application such as to mislead as to this subject or conditions of the planned demonstration (section 182); contempt towards the President of the Republic (section 188(1)); contempt towards a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public officer or a law enforcement agent, or a person responsible for performing public service duties (section 189); public slander or libel against: (1) a member of the government, a deputy, a magistrate, a magistrate’s assistant or a juror, a public servant, a law enforcement agent or a person responsible for performing public service duties; (2) the courts, the army, constitutional bodies or the public authorities (section 427).