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.
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