Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Prison work. 1. The Committee notes that, under section 18 (new) of the Penal Code as introduced by Law No. 90-61 of 19 December 1990 to amend certain provisions of the Penal Code, the following are principal penalties: death, imprisonment and a fine. The Committee observes that section 18 no longer refers to the penalty of detention prescribed by the Penal Code as adopted in 1967. The Committee points out that section 26 of the Code provided that detention was a penalty of deprivation of freedom for a political crime or lesser offence, during which convicts were not required to work and served their sentences in special establishments or, failing such establishments, separate from ordinary prisoners.

The Committee notes further that under section 2 of the aforementioned Law No. 90-61 certain penalties of detention are replaced by penalties of imprisonment.

The Committee asks the Government to state whether the penalty of detention has been eliminated from the Penal Code and whether, as a result, section 26 of the Code can no longer be applied or whether on the contrary, notwithstanding the present wording of section 113, the penalty of detention remains applicable. If that should be the case, the Committee would be grateful if the Government would specify the offences mentioned in the Penal Code and punishable by detention and would communicate a copy of the provisions as they now read.

2. The Committee asks the Government to communicate a copy of all provisions adopted pursuant to section 9 of Decree No. 73-774 of 11 December 1973 laying down penitentiary regulations and applicable to political detainees.

Article 1(a) of the Convention. 3. Referring also to its observation on the Convention, the Committee notes that the offences defined in sections 1 and 3 of Ordinance No. 62-OF-18 of 12 March 1962 to repress subversive activities, repealed by Law No. 90-46 of 19 December 1990, were embodied in the Penal Code in sections 113 (new) and 157 (new) by the aforementioned Law No. 90-61. The Committee notes that, under section 113 (new) of the Penal Code, whoever sends out or propagates false information liable to injure public authorities or national unity is liable to imprisonment for from three months to three years; under section 157 (new) of the Penal Code, whoever by any means whatever incites to the obstruction of the execution of any law, regulation, or lawful order of the public authority is liable to imprisonment for from three months to four years.

The Committee asks the Government to communicate all available information concerning the practical application of the provisions mentioned above, including the number of sentence imposed for breach of those provisions, and copies of any judicial decisions which may define or illustrate their scope.