Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Russian Federation (Ratification: 1998)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views. 1. Federal Law No. 141 of 28 July 2012 on Amendments to the Criminal Code. The Committee notes that Federal Law No. 141 of 28 July 2012 on Amendments to the Criminal Code of the Russian Federation reintroduces defamation as a felony punishable by fines or by compulsory work for a period of up to 12 weeks. The Committee notes that section 1 of this Law defines defamation as “knowing dissemination of false information hurting one’s dignity and reputation, and lists four situations in which the crime is considered more serious: defamation contained in public speech, defamation conducted by an official who used his/her position, false information about one’s health and false accusations of committing a serious crime”. The Committee also notes that in its concluding observations of 28 April 2015, the Human Rights Committee of the United Nations expressed concern about the re-criminalization of defamation (CCPR/C/RUS/CO/7, paragraph 19).

Referring to its General Survey of 2007 on eradication of forced labour, the Committee recalls that offences laid down in the laws against defamation, when defined in such wide or general terms, may lead to the imposition of penalties involving compulsory labour as a means of political coercion or as a punishment for the expression of political and ideological views. The Committee considers that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social and economic system, whether such prohibition is imposed by law or by a discretionary administrative decision (paragraphs 153 and 154). Consequently, the Committee requests the Government to provide information on the application in practice of the provisions of Federal Law No. 141 of 28 July 2012 and on the court decisions defining or illustrating their scope.

2. Federal Law No. 136-FZ of June 2013, section 213 of the Criminal Code. The Committee notes that in its report of 28 April 2015, the Human Rights Committee expresses concern about the Federal Law No. 136-FZ (blasphemy law) and the legal proceedings against members of the Pussy Riot punk band for hooliganism under section 213 of the Criminal Code (CCPR/C/RUS/CO/7, paragraph 19). The Committee notes that section 213 states that “hooliganism, that is, a gross violation of the public order manifested in patent contempt of society and attended: (a) by the use of weapons or articles used as weapons; (b) by reason of political, ideological, racial, national or religious hatred; shall be punishable with a fine in the amount of 300 thousand to 500 thousand roubles or in the amount of a wage/salary or other income of the convicted person for a term of two to three years, or with obligatory labour for a term of up to 480 hours, or with compulsory labour for a term of one to two years, or with compulsory labour for a term of up to five years, or with deprivation of liberty for the same term”.

The Committee recalls that the Convention prohibits the use of forced or compulsory labour “as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. The imposition of such sanctions shall be restricted to persons who use violence, incite to violence or engage in preparatory acts aimed at violence. Noting that section 213 of the Criminal Code establishes a penalty of imprisonment or compulsory labour for hooliganism attended by reason of political, ideological, racial, national or religious hatred, the Committee requests the Government to provide information on the applications of this section of the Criminal Code. The Committee also requests the Government to provide information on the application of the blasphemy law (Federal Law No. 136-FZ of 2013) and a copy of this law. Please also provide information on all the judicial suits pursuant to section 213 of the Criminal Code and the blasphemy law, including on the penalty imposed and the facts giving rise to these convictions.