E/CN.4/2005/6/Add.3 page 22 (b) Restrictions which add to deprivation of liberty are only imposed when they are necessary to maintain discipline in the prison or in order to prevent the obstruction of an investigation. In any event, they should be imposed by a judge or under his or her authority; (c) Complaints against acts committed by State agents, in particular investigators, are to an external, independent and impartial body. 85. The Working Group encourages the Government to move forward in the establishment of a new juvenile criminal system in conformity with the Convention on the Rights of the Child to which Belarus is a party. In any case, children should not be held in institutions such as SIZO and in quarters with adults. In case of detention, they should, at all stages of their detention, have more open contacts with the outside world, family and friends. 86. The Working Group recommends amendments to the provisions of internal criminal laws in the light of international and constitutional norms, to bring to an end the possibility of arresting persons for peacefully demonstrating, distributing information or exercising their right to freedom of opinion and expression. The Working Group also invites the Government to reconsider the legal framework regarding administrative detention. The State should in priority: (a) Ensure that administrative detention is not misused to circumvent the legal time limits on detention without charges, or to obtain information from witnesses in pending cases or from persons who may be charged at a later stage; (b) Ensure that administrative detention is not used to repress peaceful demonstrations, the dissemination of information or the exercise of freedom of opinion and expression; (c) Provide all persons deprived of their liberty for administrative offences with a public and adversarial procedure that guarantees a fair trial, as defined in article 14 of the International Covenant on Civil and Political Rights; (d) Provide the homeless, illegal immigrants, undocumented persons and foreigners awaiting deportation an effective judicial procedure that allows them to challenge the lawfulness of their detention. 87. The Working Group invites the Government to adjust the legal framework regarding the organization, functions and competence of the military courts in order to comply with international norms. Competence of military tribunals should be limited to strictly military offences committed by military personnel. Proceedings against decisions of military tribunals, especially regarding challenges to their lawfulness, should be conducted before civilian jurisdictions.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents