Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Fédération de Russie (Ratification: 1998)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views. The Committee previously noted the adoption of a law of 24 July 2007 to amend certain legal acts with a view to increasing liability for “extremist activities”, which include acts based on political, ideological, racial, national or religious hatred or enmity. It noted, in particular, that under sections 280, 282.1 and 282.2 of the Penal Code, the following acts are punishable with sanctions of imprisonment (which involves compulsory prison labour): public appeal to perform extremist activities; establishment of an extremist group or organization; and participation in such a group or organization prohibited by a court decision. The Committee requested the Government to provide information on the application in practice of sections 280, 282.1 and 282.2 of the Penal Code, as well as clarification of the term “extremist activities”.

The Committee notes the Government’s statement that to ensure that judicial practice is consistent in cases involving offences of an extremist nature, the Plenum of the Supreme Court adopted Decision No. 11 (28 June 2011) on judicial practice in criminal cases involving offences of an extremist nature. This Decision seeks to provide guidance to ensure uniformity in the judicial procedure related to cases brought under sections 280, 282.1 and 282.2 of the Penal Code. The Committee also notes the Government’s statement that the current legislation of the Russian Federation contains no legal definition of the term “extremist activities”. However, the Government refers to section 1 of the Law on Combating Extremist Activity (Federal Act No. 114-FZ of 25 July 2002 as amended), which states that extremist activity/extremism includes, inter alia: stirring up of social, racial, ethnic or religious discord; propaganda of the exceptional nature, superiority or deficiency of persons on the basis of their social, racial, ethnic, religious or linguistic affiliation or attitude to religion; public calls inciting the carrying out of the aforementioned actions or mass dissemination (or the production or storage) of knowingly extremist material; making a public, knowingly false, accusation that an individual holding state office of the Russian Federation has committed actions mentioned in this section while discharging their official duties; and organization and preparation of the aforementioned actions and also incitement of others to commit them.

In this regard, the Committee notes that the Human Rights Committee, in its concluding observations of 25 November 2009, noted that there have been numerous reports that laws on extremism are being used to target organizations and individuals critical of the Government. The Human Rights Committee expressed regret that the definition of “extremist activity” in the Law on Combating Extremist Activity remains vague, allowing for arbitrariness in its application and that the 2006 amendment to this law has made certain forms of defamation of public officials an act of extremism (CCPR/C/RUS/CO/6, paragraph 25). Moreover, the Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 June 2011, urged the Government to review sections 280, 282.1 and 282.2 of the Penal Code, under which a number of acts are punishable with sanctions of imprisonment together with compulsory labour (E/C.12/RUS/CO/5, paragraph 13).

The Committee recalls that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of morality, public order and the general welfare in a democratic society, and the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, the Committee wishes to emphasize that if such restrictions are formulated in such wide and general terms that they may lead to penalties involving compulsory labour as punishment for the peaceful expression of views or of opposition to the established political, social or economic system, such penalties are not in conformity with the Convention. The Committee therefore requests the Government to provide information on the impact of Decision No. 11 of the Plenum of the Supreme Court of 2011 in ensuring that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. In this regard, the Committee strongly encourages the Government to provide, in its next report, information on the application of the laws concerning “extremism” in practice, including information on any prosecutions, convictions and sentences pursuant to sections 280, 282.1 and 282.2 of the Penal Code and the Law on Combating Extremist Activity. Lastly, the Committee requests the Government to provide a copy of Decision No. 11 of the Plenum of the Supreme Court of 2011, with its next report.