E/CN.4/2005/6/Add.3
page 11
correspondence. These conditions are stipulated by the prosecutor issuing the order of arrest and
placement in pre-trial detention or extending the pre-trial detention period. When the
investigation is completed and the case is sent to the court, the regime of detention is decided by
the judge in charge of the case. In practise, the restrictions of the pre-trial regime continue to be
applied until a final judgement enters into force.
25.
Trials heavily depend on the results of the preliminary investigation. There is no judicial
oversight over the investigation and no checks and balances. Defendants have the right to legal
counsel, to attend proceedings, to confront witnesses and present evidence on their own behalf.
Courts appoint legal counsel for those who cannot afford the services of a private lawyer.
26.
Once a final court decision enters into force, after the exhaustion of all remedies, the
convicted person who has been sentenced to a period of deprivation of liberty is sent to a penal
colony to serve his/her sentence. For men, there are penal colonies in nearly every oblast, for
women and children there is only one of each for the whole country. In penal colonies, convicts
are expected to work. The Working Group noted that there were several workshops of craft
industries in the penal colonies it visited. Alimony for the detainee’s dependants and monetary
compensation for the victims or for the State, are deducted from a detainee’s salary, if it is so
stipulated in his or her sentence.
27.
The regime of penal colonies for convicted persons is much milder than the one for
persons in pre-trial detention facilities. Inmates live in dormitories, not cells; besides their work,
they have access to cultural and sports facilities; family and relatives can visit once a month and
visiting hours are longer than for persons in pre-trial detention; there are no serious restrictions
on mail, parcels or phone calls (always at the detainee’s expense) and they are free to move
around their unit.
3. The situation of minors
28.
Belarus does not have a specialized system for juvenile offenders. The age of penal
responsibility is established at 14 years and penal majority at 18 years. Minors suspected of
having committed an offence can be detained in police custody for 72 hours the same way as
adult offenders. They can also be held in pre-trial detention for 10 days before charges are
brought and detained, for the needs of the pre-trial investigation, for up to a maximum
of 18 months.
4. Administrative detention
29.
Administrative detention is a distinct procedure not related to the criminal procedure.
The Code of Administrative Offences stipulates the cases in which a person can be placed in
administrative detention:
(i)
A person may be detained for up to 30 days for the purpose of ascertaining his or
her address or identity (when a person is found not carrying valid identity papers,
or is not registered or is found with no fixed or valid address). After expiring of
the time limit, the detainee should be released;
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