Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1 (a) of the Convention. Punishment for expressing political views. In its previous direct request, the Committee referred to the following provisions of the Penal Code which allow sentences of imprisonment to be imposed in cases covered by the scope of the Convention: sections 123 (sedition), 126 (conspiracy), 132 (criminal association) and 134 (public disorder and disturbances), which provide for sentences of imprisonment for the expression of political views or views opposed to the established political system. Sentences of imprisonment involve the obligation to work under sections 48 and 50 of the Labour Code. The Committee requested the Government to provide information on the application in practice of the above sections of the Penal Code, and particularly on the number of convictions made and copies of the decisions handed down so that it can determine the scope of these provisions.

The Committee notes the information provided by the Government that 11 persons were tried in 2005, 28 in 2006 and 14 in 2007 under section 132 for criminal association, and one sentence was imposed. The Government indicates that criminal association is one of the offences tried by the courts.

The Committee requests the Government to provide copies of the sentences imposed so that it can determine the scope of the above provisions and to supply information on any measures taken or envisaged to ensure that sentences involving the obligation to work are not imposed for the expression of political views.