to a f&g&&.& lG4. With reference to that issue, members of the Committee wished to know what further progress had been achieved in implementing the plan provided for in the Judicial Districts and Establishment Act; the extent to which criminal procedures had been simplified during the reporting period; how respect for the principle of confidentiality of communication between a lawyer and his client was ensured: what were the rules governing fn trials and for the review of trials; and whether politicians served as members of the General Council of the Judiciary. In addition, clarification was requested of the statement that the presumption of innocence could be overturned by a “minimum amount of evidence”. 165. In reply, the representative said that the Judicial Districts and Establishment Act envisaged one magistrata per 10,000 citizens! this plan had been 85 per cent fulfilled and would be completed in 1992. Numerous courts had been set up in the communities surrounding Spain’s largest cities and each Autonomous Community had been provided with a Higher Court of Justice. The salaries of judges and magistrates had been set above the average remuneration Judges were independent and their transfer of the most senior civil servants. was a matter of their own free will. The self-governing General Council of the Judiciary used its disciplinary powers mainly against judges who had not fulfilled their duties. Courts and tribunals were frequently visited by members of the judicial inspection service. . . 166. The requirement for the appointment, ell..offrcno , of a defence counsel in cases involving terrorist offences related to the need to facilitate a proper and impartial examination of a case. Examining cases and giving decisions on them were two separate functions performed by different judges in order to ensure the maximum impartiality of the judiciary. There had been a shorter procedure for less serious offences, but that had been abandoned because the Constitutional Court had required that there should be absolute observance of jurisdictional guarantees. The principle of the presumption of innocence was always completely respected, and in one case even suspected terrorists had been released. 167, Trials in absu were very infrequent and were largely limited to cases involving traffic accidents. The remedy of review was a special procedure involving a court consisting of magistrates from various courts acting as a supreme court in cases where fresh facts had come to light since the passing of the original sentence. The Spanish Constitutional Court was very strict in its observance of the guarantees to ensure that “defencelessness” did not occur. The General Council of the Judiciary was elected from among magistrates, lawyers and jurists of recognised competence and with over 15 years’ professional experience. The fact that lawyers sometimes occupied judicial posts did not mean that they were political appointees. 168. In connection with that issue, members of the Committee asked whether an expulsion order was automatically suspended wSen an appeal through w or other procedures for the suspension of administrative decisions was lodged with a judge by the concerned individual} whether the remedies under articles 34 and 35 of Organieation Act No. 7/1985 addressed both the form ana -41-