Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. The Committee referred previously to section 73(2) of the Penal Code, under which persons who live as social parasites on the work of others are considered to be in a dangerous condition by reason of anti-social behaviour, and may be subject to security measures (section 76(2)). The Committee also noted that the security measures that are applicable to anti-social individuals are rehabilitation measures (section 80(2)), mainly: internment in a specialised work or educational establishment (section 80(1)(a)) or assignment to a labour collective (section 80(1)(b)); the duration of these measures is a minimum of one year and a maximum of four years (section 80(3)).

In order that the Committee could ascertain the practical scope of section 73(2), it requested the Government to provide a copy of any court decisions made in implementation of the above provisions.

The Committee notes that the Government has had administrative difficulties in locating and obtaining copies of such decisions but that they will be forwarded as soon as possible.

The Committee hopes that the Government will provide the texts requested.

2. The Committee requested the Government to supply a copy of the Regulations governing the military service of officials, which are referred to in section 3 of the General Military Service Act (No. 1255), which relate to the termination of the service of career members of the armed forces.

The Committee notes the communication from the Ministry of the Revolutionary Armed Forces, provided by the Government, which states that "the Regulations establish that officers who do not wish to continue serving in the Revolutionary Armed Forces may leave the forces by applying to do so".

The Committee observes that it has not been possible to examine the regulatory provisions concerning the termination of the service of members of the Revolutionary Armed Forces.