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Repetition Effect of the adoption of the new Penal Code on the obligation to work in prison. The Committee previously noted the adoption, in July 2009, of a new Penal Code (Act No. 286/2009), a copy of which is provided with the Government’s report. The Committee notes that, according to the information provided by the Government, prisoners are no longer obliged to work. The Government referred to the repeal of section 56 of the former Penal Code which provided that persons sentenced to a term of imprisonment were obliged to work and refers to the provisions of section 53(3), under which persons sentenced to a term of imprisonment may give their consent to carry out useful work. The Committee noted that the provisions of section 53(3) referred to by the Government do not appear to correspond to those of section 53 of the Penal Code adopted in 2009. Taking into account that the Committee does not have a translated version of this Penal Code, it has been unable to examine its content in detail. In these circumstances, the Committee once again requests the Government to indicate the specific provisions of the new Penal Code of 2009 which stipulate the voluntary nature of work carried out by prisoners. Please also indicate the date on which the Penal Code entered into force.
Effect of the adoption of the new Penal Code on the obligation to work in prison. The Committee notes the adoption, in July 2009, of a new Penal Code (Act No. 286/2009), a copy of which is provided with the Government’s report. The Committee notes that, according to the information provided by the Government, prisoners are no longer obliged to work. The Government refers to the repeal of section 56 of the former Penal Code which provided that persons sentenced to a term of imprisonment were obliged to work and refers to the provisions of section 53(3), under which persons sentenced to a term of imprisonment may give their consent to carry out useful work. The Committee notes that the provisions of section 53(3) referred to by the Government do not appear to correspond to those of section 53 of the Penal Code adopted in 2009. Taking into account that the Committee does not have a translated version of this Penal Code, it has been unable to examine its content in detail. In these circumstances, the Committee requests the Government to indicate the specific provisions of the new Penal Code of 2009 which stipulate the voluntary nature of work carried out by prisoners. Please also indicate the date on which the Penal Code entered into force.
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. 1. In its previous comments, the Committee requested the Government to provide information on the application practice of articles 238 and 239 of the Penal Code, under which crimes against authority are punishable by sentences of imprisonment (acts prejudicial to the reputation or threats made against persons exercising an important function in the service of the State or an important public function; insults, slander and direct or indirect threats against a public employee whose function involves the exercise of public authority, in the course of service or in relation to acts undertaken during such service).
The Committee notes with interest the information provided by the Government in its report that article 238 of the Penal Code was repealed in 2002 and that article 239 is due to be amended. It also notes with interest that Law No. 278/2006 of 4 July 2006 amending the Penal Code repealed articles 205 and 206, under which defamation and slander were punishable by a sentence of imprisonment of between one month and two years and between three months and three years, respectively. The Law also amended article 239 of the Penal Code, which now provides that direct or indirect threats against a public employee whose function involves the exercise of public authority, in the course of service or in relation to acts undertaken during such service, are punishable by imprisonment (insults and slander have been removed). The Committee would be grateful if the Government would continue to provide information on the manner in which effect is given in practice to the provisions of article 239 of the Penal Code and, where appropriate, to provide copies of court decisions defining or illustrating their scope.
2. The Committee also notes that many amendments have been made to the Penal Code (Law No. 15/1968) since its re-publication in the Official Journal in 1997. It further notes that the Penal Code which had been adopted in 2004 (Law No. 301/2004) has not entered into force and appears to be the subject of further discussion. The Committee would be grateful if the Government would provide information on the process of revising the penal legislation and if it would provide a copy of the Penal Code that is in force containing all the amendments made to it.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.
1. Article 1(a) of the Convention. The Committee notes that, by virtue of sections 238 and 239 of the Penal Code, acts prejudicial to the reputation or threats made against persons exercising an important function in the service of the State or an important public function, as well as insults, slander and direct or indirect threats against a public employee whose function involves the exercise of public authority in the course of service or in relation to acts undertaken during such service, constitute crimes against authority, which are punishable with sentences of imprisonment. The Committee also notes that, under section 56 of the Penal Code, persons convicted to a sentence of imprisonment are under the obligation to perform useful work. The Committee reminds the Government that Article 1(a) of the Convention prohibits use being made 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. It therefore requests the Government to provide information on the manner in which effect is given in practice to sections 238 and 239 of the Penal Code and, where appropriate, to supply copies of court decisions defining or illustrating their scope.
2. The Committee notes that, under the terms of article 93 of the Constitution, state of siege or a state of emergency may be declared by the President. It would be grateful if the Government would provide copies of the texts governing these situations.
3. The Committee requests the Government to provide a copy of the legal texts governing the conditions of employment of seafarers.
The Committee notes the first reports provided by the Government and would be grateful if it would provide additional information on the following points.
1. Article 1(a) of the Convention. The Committee notes that, by virtue of sections 238 and 239 of the Penal Code, acts prejudicial to the reputation or threats made against persons exercising an important function in the service of the State or an important public function, as well as insults, slander and direct or indirect threats against a public employee whose function involves the exercise of public authority in the course of service or in relation to acts undertaken during such service, constitute crimes against authority, which are punishable with sentences of imprisonment. The Committee also notes that, under section 56 of the Penal Code, persons convicted to a sentence of imprisonment are under the obligation to perform useful work. The Committee reminds the Government that Article 1(a) of the Convention prohibits use being made 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. It therefore requests the Government to provide information on the manner in which effect is given in practice to sections 238 and 239 of the Penal Code and, where appropriate, to supply copies of court decisions defining or illustrating their scope. Please also provide information on any measure taken or envisaged to ensure compliance with Article 1(a) of the Convention.
2. The Committee notes that, under the terms of Article 93 of the Constitution, state of siege or a state of emergency may be declared by the President. It would be grateful if the Government would provide copies of the texts governing these situations.
3. The Committee requests the Government to provide a copy of the legal texts governing the conditions of employment of Seafarers.