E/CN.4/2005/6/Add.3 page 10 2. Detention in the different phases of the criminal procedure 21. Officials of the Ministry of Internal Affairs (police, border guards), the Committee for State Security (KGB), the Military Police and the Presidential Guard may proceed to apprehensions and arrests. Once a suspect is apprehended, he/she may be detained for a maximum of 72 hours and remain at a police station or at another temporary detention centre under the supervision of the authority responsible for the arrest (Code of Criminal Procedure, articles 108 and 117). The person apprehended has the right to see a lawyer or public defender from the beginning of her/her arrest. Within the first 24 hours of detention, the authorities that arrested and are detaining the suspected person must imperatively inform the Prosecutor’s Office. The family or close relatives of this person must also be notified during this period, but there is no provision to allow visits by relatives. 22. According to the Criminal Procedure Code, the police may detain a person for 24 hours without a warrant. Within that period, the public prosecutor is notified and must take a decision within 48 hours. During the first 72 hours of detention in a police station or temporary detention centre, the relevant investigative body that apprehended the person gathers evidence for the investigation. At the end of that period, the Prosecutor must either formally arrest the suspected person or release him. If the Prosecutor decides to arrest the suspect, he/she must be transferred to a pre-trial detention centre, and the investigator continues the inquiry. According to the law, a suspected person can be held for 10 days without being formally charged and pre-trial detention can last up to 18 months. 23. It should be noted that it is the Prosecutor, and not a judge, who is competent to decide on the arrest and the placement in pre-trial detention. However, the Prosecutor’s decision may be appealed before a district court. In this case, the court must decide on the appeal within 72 hours. If the ruling of the district court still does not satisfy the detainee, he or she may appeal before the regional court. The regional court must take a decision within 24 hours of the filing of the appeal. Pre-trial detention should normally be limited to 2 months; however, for special crimes (such as manslaughter and financial crimes) or if the investigation is complicated, the period of pre-trial detention can be extended. At the request of the investigator, the Prosecutor may extend the detention for periods of two months, and for a maximum of 18 months. This maximum may be extended solely with the express authorization of the General Prosecutor or of his/her deputy. Once the investigator has completed the inquiry and gathered all the evidence, the suspect is charged with an offence or crime. The correspondent trial should then start within two months. If the person accused is detained, the court is under the obligation to issue its verdict within 12 months. After that period the person deprived of liberty should be released. No fixed time limit is required in cases of appeal or cassation. 24. A suspect is held in pre-trial detention pending investigation, trial, and as the case may be, appeal and cassation. According to the provisions of the Law on Procedure and Conditions of Detention, the regime of detention is decided by the prosecutor. This law does not set any restrictions on receiving parcels and incoming and outgoing correspondence; article 25 provides that the investigating body gives permission for visits subject to the interests of the inquiry. In practise however, the investigator may impose any restriction, in particular with regard to contacts with the outside world. Family visits are severely restricted and no phone calls are allowed. Restrictions are also imposed on receiving parcels and incoming and outgoing