Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

1. Internment of anti-social persons. In its earlier comments, the Committee asked for information on the measures taken in the various cantons to limit the grounds for internment, in accordance with the provisions of the Swiss Civil Code that came into force on 1 January 1981, which no longer include idleness as a ground for placing a person in an appropriate establishment or include a provision laying down the obligation to work in the establishment. The Government indicated that any cantonal legislation conflicting with the new provisions would be rendered void, since section 397(a) of the Swiss Civil Code lists exhaustively the grounds for internment and renders null and void any conflicting cantonal provision. As the Government had indicated that a reasonable interval was necessary to enable cantons to adapt their legislation to the amendments to the Civil Code and that most of the cantons had already taken the necessary measures, particularly to settle the questions of competence and procedure, the Committee requested the Government to supply the text of the provisions adopted by the cantons in this connection, including any that repeal cantonal provisions establishing idleness as grounds for penalties or enabling the cantonal authorities to oblige administratively interned persons to work.

The Committee notes the information supplied by the Government in its report and the legislation supplied in annex. According to the information supplied by the Government, the provisions of sections 397(a) et seq. of the Civil Code are sometimes set out directly in the implementing legislation under the final provisions, or are taken up in the various amended laws, or are included in the cantonal legislation implementing the Civil Code. In the documentation supplied by the Government, it is stated that in this latter case not all the texts were available, since in this case the new provisions were compiled in the systematic cantonal compilation without the final and transitional provisions which only appear in the texts published in the Official Gazette (Feuille officielle), or the Cantonal Chronological Collection, (Recueil chronologique cantonal), which were not available for the period before 1984-85.

The Committee hopes that the Government will be able to supply the texts published in the Official Gazette (Feuille officielle) or the Cantonal Chronological Collection, (Recueil chronologique cantonal) in order to enable the Committee to make an overall assessment of the application of the Convention in the various cantons.

2. Prison labour. In its previous comments, the Committee noted that, in practice, prisoners are employed on private activities only with their consent and that experts had been appointed to draw up two preliminary drafts for the revision of the general part of the Penal Code.

The Committee notes the information supplied by the Government in its report to the effect that the Federal Council has entrusted a committee of experts with establishing an extensive draft text, based on the text presented by two experts. The Government indicates that the requirements set out in the Convention will be respected in the draft text and that the outcome of the work of the above committee of experts will be communicated as soon as possible. The Committee requests the Government to continue supplying information on the progress made in this work.