E/CN.4/2005/6/Add.3 page 7 6. The Working Group also held meetings with representatives of several NGOs, relatives of persons in detention, former detainees and other persons. II. LEGAL AND INSTITUTIONAL FRAMEWORK A. Institutional framework 7. The Republic of Belarus declared its independence from the Soviet Union on 25 August 1991. The Constitution was adopted in 1994 and amended following a referendum held on 24 November 1996, which reinforced the powers of the President of the Republic. Article 1 of the Constitution states that Belarus is a unitary democratic social State based on the rule of law. Article 7 proclaims that the Republic shall be bound by the principle of supremacy of the law. 8. Article 6 of the Constitution states that State power is exercised on the basis of the principle of division of powers between the legislative, the executive and the judiciary. The President of the Republic, who is elected by direct suffrage, is the Head of the State and personifies the unity of the nation (art. 79). Article 101 of the Constitution gives the President of the Republic legislative powers. The executive power is exercised by the Council of Ministers, which is the central body of the State administration (art. 106). The National Assembly (Parliament) consists of two chambers, the House of Representatives, composed of 110 deputies elected by the people, and the Council of the Republic, a chamber of territorial representation composed of 8 counsellors from every oblast (region) and the city of Minsk, whose members are appointed by the President of the Republic (arts. 90 and 91). 1. The courts 9. The courts exercise the judicial power. The Ministry of Justice is responsible for the administrative functioning of the courts. The judicial system consists of the Supreme Courts, oblast courts, the Minsk city court, district/city courts and the Supreme Economic Court, regional economical courts and the Minsk city economical court. There is also a military court with six military inferior courts and a military branch at the Supreme Court. The jurisdiction of military courts extends to civilians in cases of collusion with military personnel, when State security is involved, and in cases of multiple offences, when at least one is under the jurisdiction of the military court. The prosecutors, investigators and judges of military courts are all military personnel. 10. All the above-mentioned courts are included in a single judicial system and governed by one law, namely the 1995 Law on the Judicial System and Status of Judges. The Constitutional Court of the Republic is also part of the judicial system, with a specific status provided by the Constitution. 11. As concerns the appointment of judges, the first selection is made by the local administration of the Ministry of Justice. Once selected, a candidate must then pass a qualifying examination organized by a judges’ qualification board and be recommended for appointment by that board. If the Ministry of Justice accepts that recommendation, the candidate is referred to the Presidential administration, which then takes the final decision concerning his/her appointment. Candidates are also subject to confirmation by the Council of the Republic.