Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. Work by prisoners for private enterprises. The Committee notes the detailed information provided by the Government, especially the agreements concluded with private enterprises. The Committee notes with interest that the remuneration for prisoners who work for private enterprises is at least the amount of a national minimum wage and that, in the case of a period of apprenticeship, which shall not exceed 60 days, they shall receive a sum equivalent to half the national minimum wage. The Committee also notes the planned measures for coverage by the Social Insurance Bank. The Committee asks the Government to continue providing information on the conditions of work of prisoners for private enterprises.

2. Community work instead of a prison sentence. In its previous direct request, the Committee noted that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence, that this substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities, that it may be the subject of an appeal to a higher court and that it must be of short duration. The Government referred to the cleaning of state schools or minor manual work as examples of community work. The Committee requested the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out. The Committee notes that the Government’s report does not contain the information requested and asks the Government to provide this information in its next report.

3. Provision of community services as an alternative to custody pending trial. The Committee notes that the Government’s report refers to Act No. 17726 on alternative measures to custody pending trial, which includes the provision of community services. The Committee notes section 3(f) of Act No. 17726 under which the judge may substitute custody pending trial with community services. This provision establishes “the obligation to perform tasks …” and envisages that the remuneration for the work performed shall be kept for and paid to the accused “if the indictment is revoked or in the event of acquittal”. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, work may only be exacted as a consequence of a “conviction in a court of law”. The Committee considers that prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis and notes that under section 41 of Act No. 14470 (the Prisons Act, as amended by Act No. 15536), “with regard to prisoners held for trial, the prison authority shall always allow them the possibility to work when they voluntarily show their willingness to work”. The Committee requests the Government to indicate the provisions which envisage the consent of the person concerned to substitute custody pending trial with the performance of community services.

4. The Committee notes the information provided by the Government concerning the freedom of public servants to leave their employment.