Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee asked the Government in its previous direct request to provide information on the application in practice of section 283 of the Penal Code under which "Anyone who, without creating a situation of general danger, prevents, disrupts or obstructs the normal operation of transport, public communications, or the supply of water, electricity or any other source of power, shall be punished by a custodial sentence of not less than two years and not more than four years". The Committee observed that under section 65 of the Code for the Execution of Sentences, custodial sentences involve compulsory labour.

In its last report, the Government stated that modification or derogation of section 283 would mean that criminal acts of individuals who engaged in terrorist-type activities would go unpunished.

The Committee notes the indications given by the Government regarding the conditions in which detention takes place, and those on the power the judge has to suspend application of the sentence.

The Committee observes that these indications do not affect the power the judge has, as the Government also indicated in its report, to impose under section 283 on anyone who "without creating a situation of general danger disrupts the operation of the services mentioned in section 283, a custodial sentence involving compulsory labour, contrary to the provisions of the Convention".

2. The Committee notes the Government's information on the means available for workers in cases of application of section 82 of Legislative Decree No. 25593.