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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph (a), of the Convention. 1. In its earlier comments, the Committee requested the Government to supply information on the application in practice of the following provisions, under which penalties of imprisonment (involving compulsory labour) may be imposed: sections 65 and 172 (read together with sections 125 and 146), 158, 168(2), 169, 242, 260, 261, 311, 312(1), 312(a), 313, 526 and 536 of the Penal Code; section 7 of the “Act on the fight against terrorism”, No. 3713 of 1991, as amended (membership in a “terrorist organization”); and section 1(1) of the Act concerning crimes committed against Atatürk (No. 5816 of 1951) (publicly insulting the memory of Atatürk), as well as section 1(3) and section 2(1), read together with section 1(1), of that Act. The Committee notes that the Government, in its 2005 report, indicated that the sections of the Penal Code referred to above now correspond to different section numbers in the new Penal Code (Act No. 5237 of 2004). The Committee therefore defers further comment on this point pending a translation of the text of the new Penal Code.

2. The Committee notes that in its 2005 report, the Government referred to copies of decisions of courts or tribunals included in Annex 8–14 of its report, which it stated involve questions of principle relating to the application of the Convention. The Committee notes that this annexed information has not been received, and it therefore asks that the Government supply these decisions with its next report.

Article 1, subparagraphs (c) and (d). 3. The Committee repeats its request for information, including copies of relevant statutory provisions in force, concerning the right to strike of all persons in state employment or having the status of public servants, including teachers and other state employees, who are not responsible for the exercise of state authority, such as employees of public services and enterprises.