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

1. Article 2(2)(c) of the Convention. Sentence of community work. The Committee previously noted the provisions of the Law on Community Work outside Prison (OGRC No. 128/99) concerning a possibility to replace a sentence of imprisonment of up to six months with community work outside the prison. It noted that community work is to be performed, under the courts’ decision, without deprivation of a person’s freedom and without remuneration, in accordance with an individual enforcement programme; such work shall not serve any gainful purpose. The Government indicated that the voluntary consent of the convicted person for the replacement of his sentence of imprisonment with community work is essential for the performance of such work.

The Committee has noted that, according to section 19(1) of the abovementioned Law, the Ministry of Justice concludes contracts with the state bodies, as well as with other corporations and institutions for the purposes of implementing the community work. The Committee wishes to recall in this connection that Article  2(2)(c) of the Conventionexpressly prohibits that convicts are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory work of convicted persons does not extend to their work for private parties, even under public supervision and control. The Committee therefore requests the Government to indicate, in its next report, how it is ensured that convicts performing community work are not hired to or placed at the disposal of private individuals, companies or associations without their consent and, in particular, how the voluntary consent of the persons concerned to work for a private user of community work is guaranteed. Please also supply a copy of the Procedural Rules concerning the types and conditions of community work adopted by the Ministry of Justice under sections 18(3) and 27 of the Law.

2. Article 25. The Committee previously noted the Government’s statement that section 128 of the new Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. While noting the Government’s indication in the report that no decisions involving questions of principle relating to the application of the Convention have been passed by the courts of law, the Committee hopes that the Government will provide information on any application of the new section 128 in practice, as soon as such information becomes available, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.