Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 following matters raised in its previous direct request:

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving an obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee emphasized that compulsory prison labour is covered by the Convention when it is imposed on persons who have been convicted for expressing political views. It observed in this respect that, under section 40(2), read in conjunction with section 44(2) of Act No. 4/91 on the press, anyone found guilty of slander shall be punished by imprisonment of up to two years, except where the facts are proved to be true. However, under section 41 of the same Act, such proof may not be given in the case of abuse or slander against the Head of State. The Government indicated in its report provided in 2004 that section 41 of the Act on the press was strongly criticized at the national level and that it should be deemed to have been tacitly repealed in view of the subsequent adoption of section 128 of the Penal Code, which allows the proving of facts in all circumstances without exception. It added that there had been no court decisions under section 41 of the Act on the press and that the Committee’s comments had been forwarded so that appropriate corrective legislative measures could be taken. In its last report, the Government indicates that the situation has not changed. The Committee requests the Government to provide information on any amendment made to section 41 of the Act on the press. It also requests the Government to specify whether, in practice, persons convicted to a sentence of imprisonment are under the obligation to work in prison and, if so, by virtue of which provisions.