CEDAW/C/49/D/23/2009 Observations of the State party on admissibility and merits 4.1 By a note verbale of 25 March 2010, the State party confirms that the author was detained for five days for minor hooliganism. It acknowledges that the author complained of the conditions of her detention to the courts and other State organs. However, the legal proceedings concerning the author’s allegations were discontinued and her complaints were turned down because no procedure for consideration by the courts of such complaints is provided for under the procedural legislation. The examination of such complaints falls under the competence of the head of the IVS facility or other persons authorized by him. The procedure in question is regulated by Decree No. 234 of the Ministry of the Interior of 20 October 2003 “On approval of the internal regulations of temporary detention facilities of internal affairs authorities”. The State party argues that the author has not submitted any complaints to the administration of the IVS facility or to the Ministry of the Interior. Therefore, she has not exhausted all available domestic remedies. It also maintains that the author’s allegations have not been confirmed and thus should be considered as unsubstantiated. 4.2 The State party further submits that persons arrested for administrative offences for which the sanction of administrative arrest is provided under national legislation can be detained in temporary detention facilities of the Ministry of the Interior. These facilities are also regulated by Decree No. 234 as described in paragraph 4.1 above. Under section 18.7 of the Procedural Executive Code of Belarus, persons arrested for administrative offences are detained in strict isolation. Men, women and persons with previous convictions are detained separately. A detainee is allocated floor space of not less than 4 m2. The author was detained in cells No. 3 and No. 5, the size of which is 15.3 m2 and 13.6 m2, respectively. These cells were intended to house women. 4.3 The State party states that, under the internal rules of temporary detention facilities, the persons arrested or detained for administrative offences are provided with bedding and shelves to keep items of personal hygiene and cutlery. Cells are equipped with a table and benches, sanitary facilities, a tap with drinking water, a drawer for toiletries, a radio, a waste bin and ventilation. Detainees can also use their own bedding, clothes and shoes. Upon admission to the detention facility, the author was offered clean bedding; however, she refused and used her own bedding provided by her family. 4.4 Placement of detainees in cells takes into account their personality and psychological state. If possible, smokers are detained separately. The cells are equipped with ventilation systems, windows for natural lighting, light bulbs and heaters. Detainees are allowed to walk outdoors for not less than an hour per day. The author refused to walk outdoors because of bad weather. 4.5 As to the author’s claim that she was offered only two meals per day, the State party submits that the food ration of detainees is regulated by the decree of the Council of Ministers of 21 November 2006 and that meals are provided three times per day in the temporary detention facility. 4.6 The author requested emergency medical aid, and an ambulance arrived 10-15 minutes later. After examining her, the doctor confirmed that the author could be detained in the IVS facility. Cells are regularly inspected by the centre of hygiene and epidemiology, which also provides disinfection services. 6 11-51730