A/HRC/10/21
page 14
China (E/CN.4/2005/6/Add.4), Ecuador and Turkey (A/HRC/4/40/Add.2 and 5, respectively).
No replies have been received from the Governments of Honduras (A/HRC/4/40/Add.4) or
Nicaragua (A/HRC/4/40/Add.3).
Belarus
24. The Government of Belarus submitted information concerning the recommendations made
by the Working Group on the outcome of its visit, carried out from 16 to 24 August 2004. With
regard to the recommendation concerning taking all appropriate measures to guarantee the
effective independence of judges and lawyers, the Government reported that a new Code on the
Judicial System and the Status of Judges had been adopted on 13 January 2007. The Code has set
forth all the fundamental principles necessary for safeguarding judicial independence. Judges
may not be transferred to another position or court without their personal consent and are
inviolable during their term of office. They may not be held to account for any opinion they
express during the administration of justice or for the decisions they hand down. The Bar Act
establishes that the bar is an independent legal entity which assures genuine professional
self-government and enables lawyers to combine their efforts to establish and strengthen the rule
of law. No court may refuse to recognize the right of a lawyer to represent the interests of a
person who applies for legal assistance. The activities of the National Bar Association, the
provincial bar associations, the Minsk City Bar Association and the specialized Belarusian bar
association “Belinyurkollegia” are governed by statutes adopted by the associations’ higher
authorities.
25. In relation to the recommendation concerning reconsidering the legal framework relating
to pretrial detention, the Government reported that the procuratorial body must decide whether to
initiate proceedings within 12 hours of the actual arrest. If no decision is taken, the detained
person must be released. On the expiry of a 72-hour period, an appropriate preventive measure
must be imposed or the detained person must be released from custody. Article 144 of the Code
of Criminal Procedure sets out the guarantees allowing persons who are detained to have the
legality of their detention, remand or house arrest, reviewed by a court.
26. The Government reported that, between 2004 and 2007, the Penal Correction Department
of the Ministry of Internal Affairs implemented a raft of measures to reduce the number of
persons being held in remand centres and prisons and to provide detainees with the living space
required under health standards. The aggregate number of persons being held in remand centres
and prison remand wings is currently within the set limit. The Supreme Court and the
Procurator-General of Belarus are informed by the Penal Correction Department of instances in
which cassation courts have exceeded the legally established time limits for the consideration of
criminal cases and cases in which courts have extended custody after the deadline stipulated in
the Code of Criminal Procedure. Concerning detention of juveniles, the Government reported
that since 2005, work has been under way on the elaboration of a draft juvenile justice policy
with the participation of all interested organizations, including UNICEF.
27. In relation to administrative detention, the Government reported that a Code of
Administrative Procedure and Enforcement was adopted on 20 December 2006, and had been in
force since 1 March 2007. The Code provides an extensive and detailed description of the rights
and duties of the participants in administrative proceedings. Its norms extend, inter alia, to
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