E/CN.4/2005/6/Add.3 page 13 that almost every day, the official programme of the visit was modified at the Working Group’s request. Even for last minute demands, arrangements were made. In all the facilities visited, the Working Group was able to meet with and interview in private whomever it wanted: pre-trial detainees, convicted persons serving their sentence, women, minors, and even persons in discipline quarters. 35. In its interviews with representatives of different institutions, the Working Group has felt a clear willingness and openness to change law and practice. This is the case of judges, who told the Working Group that they would like to be more closely involved in the investigation process. They would also like to see changes to the legislation which would give them a more important role, improve the situation of detainees and create a separate juvenile justice system. At the same time, representatives of the Ministry of Justice said they were prepared to assume tasks in the penitentiary system. This eagerness to introduce positive changes was also reflected in interviews at the Ministry of Internal Affairs and other institutions. 36. The Working Group was informed that the legislation has been amended on several occasions in order to improve the situation of detainees. In particular, the length of pre-trial detention has been reduced, and the possibility of a detainee to have access to a lawyer shortly after his/her initial arrest has been introduced. The presumption of innocence has also been strengthened and the possibility to challenge the lawfulness of the detention before a court has been introduced. The Working Group noticed the intention of the authorities to go further in this reform process, as reflected in the new Administrative Code recently adopted by Parliament, which will soon enter into force, and in the proposed amendments to the Criminal Code. 37. The practice of issuing presidential amnesty decrees reduces the overcrowding of detention facilities, and other measures have been taken to improve the conditions of detention. Alternatives to deprivation of liberty and security measures have also been adopted and are being implemented. Considering the overcrowding observed, particularly in some pre-trial detention centres (SIZOs), the Working Group welcomes the adoption of these measures. 38. With regard to the situation of illegal immigrants, asylum-seekers and applicants for refugees status, the Working Group notes that the legal framework is consistent with international law and considers that the situation in Belarus seems to be better than in other parts of the world. The Working Group visited the Migrant Residence Centre in Vitebsk and has noticed that refugees and asylum-seekers can stay in the centre or freely leave the compound. They are provided with temporary accommodation. IV. AREAS OF CONCERN A. The excessive powers given to prosecutors and investigators during the period of pre-trial detention 39. During the whole period of pre-trial detention, persons deprived of their liberty are under the total control of the investigators and prosecutors, who are mandated to establish charges against them. The decision to keep a person in detention or to extend the period of his or her detention is taken not by a judge but by the public prosecutor, acting on proposals by the investigator and in the absence of the person concerned. Although the General Prosecutor’s Office is considered an independent institution, the Working Group is of the opinion that it is