Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Fédération de Russie (Ratification: 1998)

Autre commentaire sur C105

Observation

Demande directe

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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 Act No. 141 of 28 July 2012 on Amendments to the Penal Code. The Committee previously noted that Federal Act No. 141 of 28 July 2012 on Amendments to the Penal Code of the Russian Federation reintroduced defamation as a felony punishable by fines or by compulsory work for a period of up to 12 weeks. Section 1 of this Act defines defamation as “knowingly disseminating false information hurting one’s dignity and reputation”. It 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 a serious crime. The Committee requested the Government to provide information on the application in practice of the above-mentioned provisions regarding defamation.

The Committee notes with regret the absence of information on this point in the Government’s report. Referring to its 2007 General Survey on the eradication of forced labour, the Committee once again recalls that offences laid down in the law 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). The Committee once again requests the Government to provide information on the application in practice of the provisions of Federal Act No. 141 of 28 July 2012 and on the court decisions defining or illustrating their scope.

2. Federal Act No. 136-FZ of June 2013, section 213 of the Penal Code. The Committee previously noted that the United Nations Human Rights Committee expressed concern about Federal Act No. 136-FZ and the legal proceedings against members of the Pussy Riot punk band for hooliganism under section 213 of the Penal Code. The Committee noted 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. It requested the Government to provide a copy of Federal Act No. 136-FZ and to provide information on the application of section 213 of the Criminal Code and Federal Act No. 136-FZ in practice.

The Committee notes with regret the absence of information on this point in the Government’s report. The Committee notes that Federal Act No. 136-FZ, available on the website of the Russian Gazette, introduces amendments to section 148 of the Penal Code. In particular, as amended, section 148.1 provides that a public action expressing clear disrespect for society and committed in order to insult the religious feelings of believers is punishable by penalties of up to one year’s imprisonment. The Committee once again recalls that the Convention prohibits the use of 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. The Committee once again requests the Government to provide information on the application of section 213 of the Penal Code, as well as on section 148.1, including on the penalties imposed and the facts giving rise to these convictions.