Recommendations Situation during visit (E/CN.4/2006/6/Add.3) (See: E/CN.4/2006/6/Add.3) (j) Non-violent offenders be removed from confinement in pre-trial detention facilities, subject to non-custodial measures (i.e. guarantees to appear for trial, at any other stage of the judicial proceeding, and should occasion arise, for execution of the judgement) (i) and Recourse to pre-trial detention in the Criminal Procedure Code be restricted, particularly for non-violent, minor or less serious offences, and the application of non-custodial measures such as bail and recognizance be increased. Steps taken in previous years (See: A/HRC/4/33/Add.2, A/HRC/7/3/Add.2 and A/HRC/16/52/Add.2) The Prosecutor General issued Internal Guidelines dated 26 January 2007 promoting the application of noncustodial measures in particular bail; CPC article 159 holds that detention as a measure of restraint as a rule is not used towards seriously ill persons, minors, persons over a certain age (women 60 and men 65), women who are 12 or more weeks pregnant or have a baby (of up to one year), and also towards persons who have committed a crime out of negligence. Non-governmental sources: The prison population is steadily increasing. There are too many people on probation per probation officer, which limits the supervisory function of the probation service to the formal registration procedure. The Probation Agency has established the Probation Early Release System at the end of 2011. This council is modelled based on the ECR Councils within Penitentiary. It has recently held the first meeting and released 270 probationers. Non-governmental sources: The new 77 A/HRC/19/61/Add.3 Government: The number of persons in pre-trial detention amounts to 2.912. In the first nine months of 2009, the percentage of the cases in which pre-trial detention was applied was between 42 and 52 %. The percentage of cases in which bail was granted varied between 28 and 43 %. The percentage for custodial bail granted varied between 11 and 17 %. In 0,4 to 2,3 % of all cases, a personal guarantee was recognized as sufficient. - Regarding the reform of the probation service, a separate Strategy and an Action Information received in the reporting period Government: The Code on Imprisonment, apart from easing the legal status of inmates, has considerably refined the mechanism of early conditional release, making it much more flexible, efficient and transparent. New Code on Imprisonment established Early Conditional Release Councils (ECHR Councils) within the MCLA, ECR Councils review issues in relation to early conditional release, commutation of the remaining term of a sentence into a less grave punishment and substitution of the remaining term of a sentence into a Community Service. There are three ECR Councils; two for adults and one specializing on juveniles. Each Council consists of 5 members: representatives from the MCLA, the National Probation Agency, local non-governmental organization, the High Council of Justice and a local municipality. Due to creation of ECR Councils, the number of conditionally released convicts has increased by 4% in 2011 in comparison to 2010.