Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Arménie (Ratification: 2004)

Autre commentaire sur C105

Demande directe

2015
2012
2010
2008

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2018

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. The Committee previously noted that the Criminal Code provides for sanctions involving compulsory labour (imprisonment for a term of up to four years or correctional labour for a term of up to two years (section 56)) for “inciting national, racial or religious hatred” (section 226(1)). In this respect, the Committee notes with interest that section 56 of the Criminal Code which defined the correctional labour as a form of penalty has been repealed (Law on Amendments of the Criminal Code of 1 July 2006). Therefore, the penalties of imprisonment involving compulsory correctional labour imposed under section 226(1) are no longer applicable.

The Committee previously noted that under section 15(2) of the Law on Conducting Meetings, Assemblies, Rallies and Demonstrations, of 28 April 2004, organizers of a public event conducted in violation of the provisions of the Law, or organizers and participants failing to comply with the requirements for termination thereof, shall be liable by law. The Committee requested the Government to provide further information on the scope of such liability, indicating the penalties which might be imposed.

The Committee notes the Government’s indication that by virtue of the Law “on the Freedom of Assemblies”, of 14 April 2011, the Law on Conducting Meetings, Assemblies, Rallies and Demonstrations of 28 April 2004 was repealed. Regarding the penalties imposed on participants who are held liable, the Committee notes that a fine of 200–300 times the minimum wage or imprisonment for a term of up to two months is applicable for organizing and conducting on purpose an assembly in violation of the procedure established by law. Moreover, a fine of 300–500 times the minimum wage or an imprisonment for a term of up to three months is applicable for making calls not to comply with the requests of the police representative to terminate the assembly (section 225 of the Criminal Code as repealed by Law of December 2004)

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that, under section 315(1) of the Criminal Code (“Official negligence”), the non-performance or improper performance of one’s duties by a public servant as the result of a negligent attitude, causing substantial harm to persons or organizations, or to state interests, is punishable by correctional labour or arrest (which involves an obligation to perform labour).

The Committee notes the Government’s indication that following the Law on Amendments of the Criminal Code of 1 July 2006, section 315 was repealed, and hence the penalty of correctional labour is no longer applicable.