Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes that no report has been received from the Government. 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, paragraph (a), of the Convention. The Committee has noted that under section 283 of the new Criminal Code the revealing of state secrets may be punished with deprivation of freedom for a term of up to four years, a penalty which involves compulsory labour under the Code on the Execution of Sentences (section 103). Referring to information published in the press regarding the cases of an environmentalist and retired navy captain who was charged under the above provision after publication of information concerning hazards posed by nuclear waste generated by the fleet, and a military journalist who was charged after conducting freelance reporting on radioactive contamination and passing information to the Japanese media, the Committee would appreciate it if the Government would supply information on the application of the abovementioned Criminal Code provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention.

Article 1, paragraph (c). 1. The Committee has noted that, under section 293 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm or other grave consequences to legitimate rights and interests of persons or organizations, or to state interests, is punishable by correctional labour or by arrest for up to three months, which involves compulsory labour according to the rules governing deprivation of freedom (section 54 of the Criminal Code and sections 69(2) and 103 of the Code on the Execution of Sentences). In order to enable the Committee to ascertain that the abovementioned provision of the Criminal Code is not used as a means of labour discipline within the meaning of the Convention, the Government is requested to supply information on its application in practice, including copies of any court decisions defining or illustrating its scope.

2. The Committee has also noted that, under section 263 of the Criminal Code, violation by a transport worker of rules of safe movement or operation of railway, air and water transport, causing by negligence harm to human health or large-scale material loss, is punishable by deprivation of freedom for up to two years, which involves compulsory labour. The Committee requests the Government to supply information on the application of this provision in practice, indicating in particular the meaning of the term "large-scale material loss" and including copies of any court decisions defining or illustrating its scope.