Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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 following matters raised in its previous direct request:

Article 1(a) of the Convention. Punishment for expressing political views. In previous comments, the Committee referred to the following provisions of the Penal Code which allow sentences of imprisonment to be imposed in cases covered by the scope of the Convention: sections 123 (sedition), 126 (conspiracy), 132 (criminal association) and 134 (public disorder and disturbances), which provide imprisonment sentences for the expression of political views or views opposed to the established political system.

Sentences of imprisonment involve the obligation to work under sections 48 and 50 of the Penal Code. The Committee takes note of Supreme Decree No. 26715 of 26 July 2002, communicated by the Government, in particular its article 52 according to which work, as a fundamental element of prison treatment, is considered a right and a duty of the prisoner.

The Committee had requested the Government to supply information on the practical application of the abovementioned sections of the Penal Code, particularly in regard to the number of convictions made and copies of the decisions handed down so that it can determine the scope of these provisions. In its report, the Government indicates that very few cases have reached enforceable sentences pronounced on the basis of these provisions.

The Committee asks the Government to supply the information requested in order to examine the scope of the abovementioned provisions and, given that the Government has indicated that these provisions generally apply in the context of a social dispute, to provide information on the measures taken or envisaged to ensure that no penalty involving compulsory work be imposed for expression of political views.