CMNT_TITLE

In earlier comments the Committee noted that under section 40.2, read in conjunction with section 44.2, of Act No. 4/91 on the press, anyone found guilty of slander shall be punished with a prison sentence of up to two years except where the facts are proved to be true. Under section 41 of the same Act, the burden of proving the facts may not be applied in the case of abuse or slander against the Head of State. The Committee recalled that compulsory labour, including compulsory prison labour, falls within the scope of the Convention when it is imposed on persons sentenced for their opinions.

The Committee asked the Government to provide information on the application in practice of section 41 of Act No. 4/91 on the press, particularly with regard to sentences handed down under this provision and to provide copies of the relevant rulings.

The Committee notes that under section 50 of the Regulation on rehabilitation centres (Regulamento dos Centros de Reabilitaçao), provided by the Government in its report on the application of Convention No. 29, inmates are required to work in accordance with their physical and mental state and their training requirements.

The Committee asks the Government to indicate whether Act No. 4/91 is still in force and, if so, to inform it of the measures taken to ensure that persons protected by the Convention may not be subjected to penalties which involve compulsory labour.