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

Communication of texts. The Committee notes the Law on Mass Media, 1999, as amended, the Law on Political Parties, 1992, as amended, and the Law on Civil Service, 2000, as amended, supplied by the Government with its report. The Committee again requests the Government to communicate, with its next report, a copy of the updated text of the Code of Administrative Offences, of 11 July 2000.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. In its earlier comments, the Committee noted that, under section 169.1 of the Criminal Code, “organization or participation in a prohibited public assembly” is punishable with correctional work or deprivation of freedom for a term of up to two years (which involves compulsory prison labour, in accordance with section 95 of the Code on the Execution of Sentences). It also noted that similar penal sanctions are provided for in section 233 of the Criminal Code for the “organization of group actions violating public order”. Noting also the provisions of sections 7 and 8 of the Acton the Freedom of Assembly of 13 November 1998, concerning the restriction and prohibition of public assemblies in order to ensure public order and to defend public interests, the Committee requested information on the application in practice of sections 169.1 and 233 of the Criminal Code, including copies of any court decisions which could define or illustrate their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers to the explanations contained in paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it has observed that the Convention prohibits neither punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, nor judicial imposition of certain restrictions on persons convicted of crimes of that kind. But, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The freedom of expression of political or ideological views may be equally restricted by way of prohibition of various kinds of meetings or assemblies, which is also contrary to the Convention, if such prohibition is enforced by sanctions involving compulsory labour.

The Committee notes the Government’s indications in the report that there were no cases of application of section 169.1 in 2006 and 2007, but one person was convicted under section 233 in 2006 and six persons were convicted under the same section in 2007. The Committee again requests the Government to provide, in its next report, information on the court decisions passed under section 233 of the Criminal Code, indicating the penalties imposed. Please also provide information on the application in practice of section 169.1, as soon as such information becomes available.

2. In its earlier comments, the Committee noted the Criminal Code provision which makes punishable with sanctions of imprisonment (involving compulsory prison labour) the “inflaming of the national, racial or religious enmity” (section 283.1) and sought information on the application of this provision in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain its conformity with the Convention. Noting the Government’s indication in the report that there were three cases of application of section 283.1 in 2007, the Committee requests the Government to supply, in its next report, information on the court decisions passed under this section, indicating the penalties imposed.

3. The Committee notes that section 15 of the Law on Political Parties provides for criminal liability for the violation of the legislation on political parties. The Committee requests the Government to describe the nature and the scope of such liability, indicating the relevant legislative provisions and applicable penalties.

4. The Committee notes that section 61(5) of the Law on Mass Media provides for criminal and administrative liability for the violation of the provisions of the Law, in particular, where a publisher or editor produces or disseminates a publication prohibited by a court decision. The Committee requests the Government to describe the nature and the scope of such liability, indicating the relevant legislative provisions and applicable penalties.

Article 1(c). Disciplinary sanctions applicable to public officials. The Committee previously noted that, under section 314.1 of the Criminal Code, the non-performance or improper performance by an official of his duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by correctional work or by deprivation of freedom (which involves compulsory prison labour). The Committee notes the Government’s indications in the report that 19 persons were convicted under this section in 2006 and 30 persons were convicted under this section in 2007. The Committee requests the Government once again to provide, in its next report, information on the court decisions passed under section 314.1 of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted that section 233 of the Criminal Code provides for sanctions of imprisonment (involving compulsory labour) or correctional work for the organization of group actions violating public order and resulting in disturbances of operation of transport or work of enterprises, institutions or organizations. It requested the Government to indicate whether section 233 is applicable to participants in unlawful strikes and to supply information on its application in practice, including copies of any relevant court decisions.

The Committee notes the Government’s indications in the report that there was one conviction under this section in 2006 and three cases of conviction under this section in 2007. The Government indicates that section 233 is not applicable to participants in unlawful strikes, but they can be made liable under this section if they commit acts representing a social danger. However, as the Committee noted in its 2007 observation addressed to the Government under Convention No. 87, likewise ratified by Azerbaijan, section 233 is applicable to strikes in public transport, which are prohibited under section 281 of the Labour Code.

The Committee therefore hopes that the necessary measures will be taken in order to repeal or amend section 233 of the Criminal Code, so as to ensure that no penalties involving compulsory labour can be imposed for having participated in strikes, as required by the Convention. Pending the adoption of such measures, the Committee requests the Government to provide, in its next report, information on the court decisions passed under this section, indicating the penalties imposed.