Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee has noted the information provided by the Government in reply to its earlier comments.

1. Article 2(2)(c) of the Convention. The Committee has noted the provisions of the Act on the Enforcement of Prison Sentences, which entered into force on 1 January 2001, and the Regulations on Prison Labour of 2002, supplied by the Government, as well as the Government’s explanations concerning the work of convicted persons.

The Committee has noted from the Government’s report that the Law on Community Work outside Prison (OGRC No. 128/99) provides for a possibility to replace a sentence of imprisonment of up to six months with community work outside the prison. The Government indicates that community work is performed, under the courts’ decision, without deprivation of a person’s freedom and without remuneration, in accordance with an individual enforcement programme; such work shall not serve any gainful purpose.

The Committee requests the Government to supply a copy of the above Law and to indicate whether measures are taken to ensure that convicts performing community work are not hired to or placed at the disposal of private individuals, companies or associations and, if not, how the voluntary consent of the persons concerned to work for a private employer is guaranteed.

2. Article 25. The Committee previously noted the Government’s statement in its 2000 report that section 128 of the new Penal Code of 1997, which had replaced the former section 51 of the old Penal Law concerning the illegal compulsion to act against a person’s will, is applicable to punishment of the illegal exaction of forced or compulsory labour. The Committee again requests the Government to provide information on any application of the new section 128 in practice, including information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.