Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Russian Federation (Ratification: 1998)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that sections 205.2 (public calls for the implementation of terrorist activities, public justification of terrorism or propaganda of terrorism), 205.4 (organization of and participation in a terrorist group) and 205.5 (organization of the activities of a terrorist group and participating in the activities of such a group) of the Penal Code establish sanctions of deprivation of liberty involving compulsory labour. In this respect, the Committee notes that in their joint communication of 27 October 2023, the United Nations independent human rights experts pointed out that sections 205.2 and 205.4 of the Penal Code contain overly flexible definitions of the offences. Furthermore, the United Nations Human Rights Committee, in its 2022 concluding observations, expressed concern about a lack of clarity with regard to the offence under section 205.2 of the Penal Code and the application of those provisions to allegedly target political opponents, journalists and persons who criticize the Government (CCPR/C/RUS/CO/8). The Committee also notes that the United Nations Working Group on Arbitrary Detention, in its opinion No. 75/2023, concluded that the deprivation of liberty of a person under section 205.5 of the Penal Code was arbitrary referring to the application of vague and overbroad provisions (A/HRC/WGAD/2023/75).

The Committee requests the Government to take the necessary measures to ensure that the provisions of the Penal Code punishing terrorism-related offences are not used to impose sanctions involving compulsory labour on persons who peacefully express opposition to the established political, social or economic system. The Committee further requests the Government to provide information on the application in practice of sections 205.2, 205.4 and 205.5 of the Penal Code, particularly the number of prosecutions, convictions and penalties imposed, as well as copies of any relevant court decisions defining or illustrating the scope of its provisions.

The Committee notes with deep regret the absence of information in the Government’s report on the application in practice of sections 128.1 (defamation), 213 (hooliganism) and 148(1) (violation of the right to freedom of conscience and religion) of the Penal Code. The Committee therefore once again requests the Government to provide information on the application in practice of sections 128.1, 213 and 148(1) of the Penal Code, particularly the number of prosecutions, convictions and penalties imposed, as well as copies of any relevant court decisions defining or illustrating the scope of its provisions.