E/CN.4/2005/6/Add.3
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75.
The Working Group was also informed that all experts’ firms and scientific investigation
units, including forensic institutes, are under the supervision of the Prosecutor’s Office. This
situation is of particular concern.
V. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
76.
The Working Group would like to express its gratitude to the Government for its
openness and its cooperation. During the entire visit, authorities have shown flexibility and
transparency towards the requests of the Working Group and have respected the terms of
reference of its methods of work. With the exception of the detention facility under the
supervision of the KGB, where access was denied, the delegation was able to act in total
independence both in respect of the choice of and access to detention facilities and
detainees. The Working Group was able to choose all the persons it wished to interview
and meetings took place in private and confidentially.
77.
The Working Group notes with satisfaction the efforts undertaken to improve the
conditions of persons deprived of liberty. It notes that the legal framework of detention
was modified recently and that other reforms are to follow. The Working Group also notes
with satisfaction that the legal framework relating to illegal immigrants, asylum-seekers
and refugees is in conformity with international norms.
78.
The Working Group is nevertheless concerned about the excessive powers granted
to the Prosecutor’s Office and investigators during the pre-trial detention phase and about
the lack of effective proceedings to challenge the legality, opportunity and necessity of such
a detention. The Working Group is also concerned about the restrictions imposed during
pre-trial detention, when suspects are presumed innocent until proven guilty by a court.
The conditions during pre-trial detention are more restrictive than those for persons
serving their sentences.
79.
The Working Group is further worried about the imbalance between the powers
granted to the prosecutor, which are paramount in the criminal process, and the limited
ones conferred to defence lawyers, who do not always have access to the evidence and
expertise controlled by the Prosecutor’s Office. Moreover, the Working Group is
concerned at the lack of independence of lawyers and of the Bar Association and the
restrictions imposed on the exercise of their profession. It is also concerned about the
appointment and revocation procedures of judges, which do not guarantee their
independence towards the executive branch of Government. Finally, the Working Group
is concerned at the lack of a separate criminal procedure for juvenile offenders.
80.
A main concern within the mandate of the Working Group is also the restriction
imposed on freedom of expression and association through the arrest of several political
opponents and the prohibition of some NGOs. Finally, the Working Group notes with
concern the frequent use of administrative detention, which allows for the arrest and
detention of a person during a certain period of time without grounds.
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