Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 1(a) of the Convention. The Committee notes that, under section 86 of the Penal Code, any public insult against the Head of State, committed in public, shall be penalized by a sentence of imprisonment of from six months to two years and a fine. Section 368 also penalizes defamation and public insults against the Head of State with a sentence of imprisonment of from three months to one year and a fine. Defamation and insults against elected officials, members of the Congress, Secretaries of State, magistrates of the Supreme Court or county courts are punishable, under sections 369 and 372, with a sentence of imprisonment of from eight days to six months and a fine, and defamation of persons exercising public authority is punishable, under section 370, by a sentence of imprisonment of from eight days to three months and a fine. The Committee further notes that Act No. 6132 on expression and the dissemination of opinions, of 19 December 1962, also provides for the imposition of sentences of imprisonment in cases of insults against the President of the Republic in the form of a sentence of imprisonment of from three months to one year and a fine, or one only of these two penalties (section 26); and a sentence of imprisonment of from six days to three months and a fine, or one only of these two penalties, in the case of insults against courts and tribunals, the armed forces, the police, the legislative assemblies, municipal authorities and other state institutions, members of the Cabinet, one or more members of the legislative houses, one or more public officials, persons exercising public authority, etc. (section 34).

The Committee further notes that, under section 57 of Act No. 224-84 on the prison system, work is compulsory for any detainee convicted by a final decision. As a result of the above, the violation of the provisions referred to above of the Penal Code and of the Act on expression and the dissemination of opinions in cases of insult, defamation and slander could be penalized by a sentence of imprisonment involving compulsory labour. The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a means of political cohesion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It requests the Government to provide information on the effect given in practice to sections 368, 369, 370 and 372 of the Penal Code and sections 26 and 34 of the Act on expression and the dissemination of opinions, so that it can assess their scope in the light of Article 1(a) of the Convention. Please also provide information on the number of persons convicted under these provisions, the nature of the charges brought against them and the penalties imposed, and attach copies of relevant court decisions.