Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s reply to its earlier comments. It notes, in particular, the Government’s explanations concerning the application of the Law on Measures in case of State of Emergency (Official Gazette of the Republic of Serbia, No. 19/91) and requests the Government to indicate, in its next report, whether a similar legislation has been adopted in the Republic of Montenegro, and if so, to supply a copy. It also requests the Government to provide copies of laws and regulations governing the execution of criminal sentences, both in the Republic of Serbia and in the Republic of Montenegro, and legislation concerning compulsory military service, as well as additional information on the following points:

Articles 1(1) and 2(1) of the Convention. Please indicate provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections for religious or other reasons, to which reference is made in article 137 of the federal Constitution.

Article 2(2)(c). 1. Please provide information on provisions governing the work of convicted persons and supply copies of relevant texts. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations.

2. Sentence of community service. The Committee notes the provisions of section 52 of the new Criminal Code of the Republic of Serbia, 2005 (which enters into force on 1 January 2006) and section 41 of the new Criminal Code of the Republic of Montenegro, 2004, concerning a sentence of community service. The Committee notes that a sentence of community service can be imposed by a court for criminal offences punishable with imprisonment not exceeding three years, for a term of up to 360 hours, such service must not serve profitable purposes and should be performed by a convicted person free of charge within the period that cannot be longer than six months. If such service is not properly performed, it may be converted into a sentence of imprisonment. The Committee also notes that no sentence of community service can be imposed without the perpetrator’s consent.

The Committee requests the Government to indicate, in its next report, the types of work to be performed by persons sentenced to community service, as well as the kinds of bodies and institutions for which such service shall be performed, stating, in particular, whether it may be performed only for the State or other communal institutions, or also for private institutions and associations acting in the community interest.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee notes the penal provisions punishing with sanctions of imprisonment the following penal offences: unlawful deprivation of liberty, coercion, trafficking in human beings and submission to slavery (sections 132, 135, 388 and 390 of the new Criminal Code of the Republic of Serbia, 2005, and sections 162, 165, 444 and 446 of the new Criminal Code of the Republic of Montenegro, 2004). The Committee requests the Government to provide information on the application of these provisions in practice, supplying sample copies of relevant court decisions and indicating the penalties imposed.