Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Tchéquie (Ratification: 1996)

Autre commentaire sur C105

Demande directe

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Article 1(c) of the Convention. Penal sanctions involving compulsory labour applicable to public officials for neglect of duty. The Committee previously noted that section 330(1) of the Penal Code of 2009 contains a provision similar to section 159(1) of the old Code of 1961, which had been the subject of the Committee’s comments for a number of years. Pursuant to section 330(1) an official who, by performing his/her duties, obstructs the accomplishment of an important task by negligence or makes it substantially more difficult, is punishable with imprisonment (which involves compulsory prison labour, under the legislation on the execution of prison sentences) for a term of up to one year. According to section 330(2)(a), (b) and (c), sanctions of imprisonment for a term of up to three years may be imposed on officials who cause serious disturbance in the operation of a state administration authority or other public authority, or cause substantial damage.

The Committee notes the Government’s indication that, although section 330 does not refer to actions that represent a direct threat to the safety, health or life of persons, it is applicable to serious actions hindering public officers’ obligations, such as a mistake committed by a law enforcement authority which would prevent the conviction of an offender. The Committee also notes the two court decisions provided by the Government with a view to clarifying the scope of section 330, particularly with regard to the interpretation of the term “important task”, as well as the criminal liability of judges. While noting this information, the Committee once again points out that, pursuant to Article 1(c) of the Convention, sanctions involving compulsory labour for breaches of labour discipline may only be applied if such breaches impair or are likely to endanger the operation of essential services, or in cases of wilful acts which would endanger the safety, health or life of individuals, and not where they are caused by negligence. The Committee therefore expresses the firm hope that measures will be taken in order to restrict the application of section 330(1) and (2)(a), (b) and (c) to essential services in the strict sense of the term or to situations where the life, health and safety of persons are in danger due to wilful acts, so as to bring the legislation into conformity with the Convention.