Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. 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 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes that section 71 of the Penal Code (Legislative Decree No. 4/2003 of 18 November 2003) permits the replacement of a sentence of imprisonment of up to one year or a fine (up to 200 days) by a penalty of the performance of community services. The latter may not be applied without the consent of the convicted person and the services are to be performed for the State, public law associations or private entities under the terms and conditions determined by the law. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, in order to be excluded from the definition of forced labour, prison work has to be “carried out under the supervision and control of a public authority” and the detainee must not be “hired to or placed at the disposal of private individuals, companies or associations”. As section 71 of the Penal Code allows work carried out in the context of a sentence of community service to be undertaken on behalf of private entities, the Committee would be grateful if the Government would indicate whether the procedures for the implementation of a sentence to perform community service have been determined by the law and whether courts have already issued decisions in this respect. If so, please provide information on the list of private entities authorized to receive individuals sentenced to this penalty and on the types of work which may be imposed in this respect. This information will enable the Committee to ensure that the conditions for the performance of the work are sufficiently supervised and controlled to ensure that the work is performed, in practice, in the general interest and that the entities for which the work is performed are not profit-making.