Recommendations (E/CN.4/2006/6/Add.3) Steps taken in previous years (See: A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) • • • • • Government 2007: firm commitment to restrict the use of custodial measures for suspects and accused persons, trend in 2006 and 2007 was positive (see charts in A/HRC/7/3/Add.2) The Prosecutor General issued Internal Guidelines dated 26 January 2007 promoting the application of non-custodial measures in particular bail Article 195 of the Draft Criminal Procedure Code lists non-custodial measures and refers to the establishment of the Probation Service CPC article 159 holds that Information received on steps taken since December 2007/current situation they also make explicit that wrongful interpretation of the law based on intimate convictions of the judge cannot form the basis for disciplinary proceedings and the judge cannot be prosecuted for such conduct • A “High School of Justice” has been operating since December 2007 to provide basic training on judiciary functions; periodic retraining is foreseen as well • A competitive selection process for judges is conducted periodically by the High Council of Justice Government 2008: 2005: 44,7 % non-custodial; 55.3% custodial 2006: 42% non-custodial; 58% custodial 2007 (first ten months): 55% non-custodial; 45% custodial Non-governmental sources 2008: number of persons in detention continues to grow see appendix 2, table 3 • The amendment of December 2005 to article 152 (types of pretrial preventive measures) of the Criminal Procedural Code (16.12.2005 N 2265) excluded house arrest, release on own recognizance, and police oversight and therefore reduced the range of noncustodial pretrial preventive measures • In the first 9 months of 2008, pretrial A/HRC/10/44/Add.5 page 31 Non-violent offenders be removed from confinement in pretrial 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 pretrial detention in the Criminal Procedure Code be restricted, Situation during visit (See: E/CN.4/2006/6/Add.3)