E/CN.4/2005/6/Add.3 page 15 46. During a meeting with the President of the National Bar Association, the Working Group noticed that Bar Association officials did not express any criticism either of the legal system or of practice. For the President of the Bar Association, neither the prohibition for lawyers to create independent bar associations, nor their delicate situation subject to the renewal of licenses every five years, nor even the limited rights of the defence in criminal proceedings were subjects of concern. She stated to the Working Group that the independence of the Bar Association and the rights of defence are protected by law and that there were no impediments to practice in the profession. 47. This position was not shared by other lawyers the Working Group met, especially those engaged in defending the rights of political opponents and human rights defenders. According to many of them, Bar Association officials do not reflect the position of the majority of practising lawyers. They clearly stated to the Working Group that the procedure of renewing licences to practise is used as a means of pressure, that the executive power often intervenes in the process and that the legal profession does not have a good reputation because of the limited role of lawyers in criminal proceedings. The Working Group has been informed that a prominent lawyer and human rights defender, Mr. Garry Pogonyajlo, has been stripped of his license. According to the Government, Mr. Pohonyajlo was a member of the Minsk city Bar Association since 1994 and practised till September 1997, when he applied to cease his membership in the association of his own will. C. Concerns raised by the pre-trial detention regime 48. In the Belarusian system, pre-trial detention can last up to 18 months, depending on the complexity of the case. During this period, the regime of detention is decided by the investigator who can impose any restrictions, in particular with regard to contacts with the outside world. The Working Group has been informed by interviewed detainees that visits are not allowed until the preliminary investigation is closed and the case sent to court. The Working Group notes the heavy reliance on pre-trial detention, even for juveniles, and that as applied, it is designed as a repressive and punitive measure. 49. The conditions of pre-trial detention are much worse than those of convicted persons (overcrowding, harsh conditions with severe restrictions of visits and contacts with family, no phone calls, lack of activities, and sometimes, lack of adequate facilities). In certain cases, these restrictions are imposed by law based on the crime charged, and detainees are not given the possibility to effectively challenge these measures. 50. The prison system is not under the authority of the Minister of Justice but of the Interior, involved in the investigation of most cases. This means that those who hold prisoners are not completely separated from those who have an interest in the investigation. The Working Group was under the impression that harsh conditions of pre-trial detention are imposed so as to facilitate the outcome of the investigation, and that the task of those in charge is to actively support the achievement of this goal. Pre-trial detention regime is the same for all detainees, men, women and minors alike. 51. In this context, the whole system is designed to favour self-incrimination. The Working Group gathered information suggesting that, from the very moment of arrest and the beginning of detention, detainees are often put under strong psychological pressure to incriminate