Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Communication of texts. The Committee has noted the Government’s indications in its 2005 and 2007 reports concerning the amendments made to the Code on the Execution of Sentences in relation to the sentence of community service. It requests the Government to communicate, with its next report, a copy of the full updated text of the Code on the Execution of Sentences, as well as a copy of the State Probation Service Law, as amended. Please also supply a copy of a full updated text of the Code of Administrative Offences, which the Government indicated as annexed to its 2005 report, but in fact has never been received in the ILO.

Article 1(a) of the Convention. Sanctions for expressing political views. 1. In its earlier comments, the Committee referred to section 10, paragraph 2, of the Law on Meetings, Marches and Demonstrations of 16 January 1997, which prohibits the expression of views concerning proposals of voluntary modification of the Latvian state system or inciting national or racial hatred or propagating fascist or communist ideology. Section 25 of the same Law provides for liability of organizers, leaders and participants of meetings, marches and demonstrations for violation of the Law. The Committee previously noted the Government’s indication that violation of the abovementioned Law is punishable by a fine or an administrative arrest for a term of up to 15 days, under section 174-3 of the Code of Administrative Offences. While having noted the Government’s indication in its 2005 report that administrative arrest does not involve and obligation to perform community service, the Committee reiterates its request for information on the application of section 174-3 in practice, including the information on the penalties imposed.

2. The Committee has noted that, under section 27 of the Law on the Press and Other Media, as amended on 17 April 1997, various violations of this Law (such as e.g. dissemination of information injuring human honour and dignity, disclosure of an official or other secret protected by law, dissemination of a mass media without registration, etc.) are punishable in accordance with laws of the Republic of Latvia. It has also noted that various violations of the Radio and Television Law, as amended in 1996–2004, are punishable under the provisions of the Code of Administrative Offences and the Criminal Code (section 39(1) of the Law). The Committee requests the Government to clarify the scope of such liability for violation of the above laws, indicating the relevant administrative and criminal provisions and the penalties which might be imposed. Please also supply sample copies of the relevant court decisions, if available.

3. The Committee previously noted the Government’s indication in its report that, in case of violation of the constitutional right to freedom of expression, a person can apply to the National Human Rights Office or to a court. The Committee would appreciate it if the Government would provide information on any proceedings instituted as a consequence of violation of this constitutional right and communicate copies of any court decisions or the National Human Rights Office’s decisions or reports dealing with the subject.

Article 1(c). 4. Penal sanctions applicable to public officials and responsible employees of enterprises or organizations. In its earlier comments, the Committee referred to section 319 of the Penal Code, which provides that the non-performance or improper performance of duties by a public official as a result of a negligent attitude, causing substantial harm to state interests or to other persons, is punishable by deprivation of freedom (which involves compulsory prison labour). It also referred to section 197 of the Penal Code, which makes punishable with similar sanctions the improper performance of duties by a responsible employee of an enterprise or organization, as a result of a negligent attitude, if substantial harm has been caused to the enterprise or organization or to rights and interests of other persons. Referring to paragraphs 175–178 of its General Survey of 2007 on the eradication of forced labour, the Committee reiterates its hope that the above provisions of the Penal Code will be reviewed, so as to limit their scope to the exercise of functions which are essential to safety or to circumstances where the life or health of persons are endangered, in order to bring these provisions into conformity with the Convention. Pending such revision, the Committee again requests the Government to provide information on the application in practice of sections 197 and 319 of the Penal Code, indicating in particular the penalties imposed and supplying copies of the relevant court decisions.

5. Disciplinary measures applicable to seafarers. The Committee has noted the Maritime Code of 29 May 2003 supplied by the Government with its report. It requests the Government to communicate a copy of Regulations No. 168 concerning the Maritime Code of 16 August 1994, to which the Government referred in its earlier report, as well as any other provisions relating to labour discipline in merchant shipping.