Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1(a) and (d) of the Convention. Imposition of sentences of imprisonment involving compulsory labour as a penalty for expressing political views or for having participated in strikes. In its previous comments, the Committee noted that, under the terms of section 61(2) of the Penal Code, those persons sentenced to a term of imprisonment (arresto) who do not have sufficient resources to pay the costs arising out of their prison stay are obliged to work. The Committee consequently drew the Government’s attention to the need to amend the following provisions of the Penal Code, by virtue of which prison sentences may be imposed as punishment for the expression of political views or for participation in illegal strikes:

-  section 522 of the Penal Code, under which a sentence of six months to two years’ imprisonment may be imposed on any person who incites the non-observance of the Constitution or attacks the republican and democratic regime established by it, or who directly encourages such activities;

-  section 523(1) and (2), by virtue of which a penalty of six months to two years’ imprisonment may be imposed on any person who organizes or belongs to communist parties, parties with another name that support the same or similar ideas, or any other internationally organized party. The same penalty is applicable to any person who assists or participates in the activities of these parties (assemblies, meetings and the preparation, printing, introduction and distribution of any kind of propaganda in the country);

-  section 523(3), under which any person who cooperates with, or in any way incites anyone to continue a strike that has been declared illegal by the respective authorities, is liable to a sentence of imprisonment of six months to two years.

The Committee notes the Government’s indications that the above provisions would definitely be amended as a part of the new Penal Code being discussed within the National Assembly. In this regard, the Committee has noted the draft Penal Code which was available on the web site of the National Assembly. The Committee notes with interest that the restrictions governing the expression of political opinions and the participation in strikes contained in sections 522 and 523 of the Penal Code have not been maintained in the draft Penal Code.

With regard to the obligation to work in prison, as set out under the terms of section 62(2) of the Penal Code currently in force, the Committee notes the adoption on 21 November 2003 of Act No. 473 on the penitentiary regime and the execution of sentences, and its implementation regulating Decree No. 16-2004. It notes that the voluntary nature of work by persons sentenced to penalties of imprisonment emerges from a number of provisions contained in these texts. Thus, according to section 77 of Act No. 473, "the express wish of the detainee" constitutes one of the characteristics of participation by a detainee in prison work. Section 176 of Decree No. 16-2004 provides that work is an essential component in the process of re-educating detainees who "voluntarily" perform work. In this regard, the Committee has already referred to section 195 of the Labour Code, by virtue of which those detainees who voluntarily agree to work receive a wage that shall not in any case be lower than the legal minimum rate. Lastly, the Committee also notes that the draft Penal Code has simplified the concept of sentences of imprisonment. Moreover, the draft Code no longer refers to the obligation to work for detainees sentenced to imprisonment who do not have sufficient resources to pay the costs arising out of their imprisonment, - obligation which was set out under the terms of section 61(2) of the Penal Code which is currently in force, and which was at the root of the Committee’s observations concerning the application of the Convention. In view of all of these provisions, the Committee hopes that the draft Penal Code will be adopted very soon and that it will take account of the observations that the Committee has been making for many years concerning the application of the Convention, to the effect that the expression of political opinions and participation in strikes should not be punished by prison sentences involving the obligation to work. The Committee requests the Government to provide a copy of the new Penal Code as soon as it has been adopted.