E/CN.4/2005/6/Add.3
page 3
technical expertise is all under the control of the Prosecutor’s Office. The Working Group was
repeatedly told that, as a result, there are few cases in which criminal defendants are found not
guilty.
The report notes that conditions of pre-trial detention are significantly worse than those
of convicted persons: harsh conditions with severe restrictions on visits and contacts with the
family; no phone calls; limited receiving of parcels; lack of activities; lack of adequate facilities.
In these conditions, the presumption of innocence enshrined in the Constitution is seriously
undermined. Pre-trial detention centres are badly overcrowded. From the beginning of the
detention, detainees are often put under strong psychological pressure to incriminate themselves
in the crime they are accused of. Confessions allow for a fast trial and make individuals eligible
for amnesty when convicted, while complaints and appeals can keep them in harsh conditions of
detention and isolation even longer. In the view of the Working Group, such practices are
contrary to the principle of international law under which no one shall be forced to testify against
himself. The Working Group is particularly concerned at the situation of persons detained in
facilities under the control of the KGB. It is also concerned at the lack of oversight in cases of
forced treatment or placement in psychiatric hospitals of accused persons under investigation.
The report also notes the lack of a special criminal procedure for minors in conflict with
the law. The regime of pre-trial detention for minors is the same as for adults. They are kept in
the same SIZOs as adults and their detention follows the same procedures and in the same harsh
conditions, which leads to worse consequences for them because of their vulnerability. With
regard to military jurisdiction, the Working Group reiterates its concern about the competence of
military courts to try civilians.
Lastly, the report notes the use of administrative detention against persons peacefully
exercising their rights to assembly, demonstration, and freedom of expression, opinion or
dissemination of information. The Code of Administrative Offences is being used to repress
demonstrators or political opponents. Administrative detention is also being used to obtain
information from witnesses in pending cases or from persons who may be charged at a later
stage.
The Working Group recommends that the Government reconsider the role and place of
all actors in the process of criminal prosecution in order to ensure their independence, establish a
balance between parties at trial and ensure effective protection of the rights of persons deprived
of their liberty. The Working Group encourages the Government to continue its efforts to
improve the conditions of detention of suspects and to reduce the overcrowding in pre-trial
detention centres in order to bring them into line with the conditions detailed in the Standard
Minimum Rules for the Treatment of Prisoners. The Group further encourages the Government
to move forward in the establishment of a juvenile system, in conformity with the Convention on
the Rights of the Child. The Working Group also recommends that the provisions of domestic
law be adjusted in accordance with international and constitutional norms in order to bring to an
end the possibility that people will be arrested for peacefully demonstrating, disseminating
information, or exercising their freedom of opinion and expression. The Working Group invites
the Government to reconsider the legal framework regarding administrative detention to ensure
that this form of deprivation of liberty is not being misused.