A/HRC/4/33/Add.2 Page 90 497. Concrete figures are a supplementary proof of the positive results of updating the internal criminal legislation in order to meet international standards in the field. At the end of 2004, the overall number of persons detained in detention facilities had decreased to 39.031, compared with 49.790 in 1999 (for more details see E/CN.4/2006/6/Add.2, para 206). Also temporary police detention facilities, which did not meet the minimum conditions, were definitively or temporarily closed down. Out of 177 detention facilities established initially, only 58 still function, with a capacity of 3,041 places. 498. Recommendation (b) stated: Much greater use should be made of existing provisions in the law for the release of suspects on bail, especially suspected first-time, nonviolent offenders. Instructions or guidelines to this effect should be given by the Minister of the Interior to investigators from his Ministry, and by the Minister of Justice to all prosecutors and judges. 499. The Government informed that Romanian legislation has been amended in this respect. Currently, during criminal investigation and the trial period, the suspect usually remains at large. Suspects are detained only exceptionally during these periods. Only a judge has the right to detain a suspect in accordance with the existing legal framework (Romanian Constitution, art. 23 (3), (4), (5), (6), (7), art 124 (3), art 131 (3), and the criminal legislation). According to article 1604 of the Criminal Procedure Code, release on bail can be granted by the court upon request, both during criminal investigation and during trial. The amendments to the Criminal Procedure Code have led to a decrease in the number of persons detained in police detention facilities from approximately 4181 in 1999 to 1639 at present. 500. Recommendation (c) stated: The 1974 order regulating conditions of detention in police lock-ups should be immediately repealed and replaced with legislation that is available to the public. 501. The Government informed that Order no. 0410/1974 was repealed by instructions of the Minister of Interior (no. 901/1991 on detention and the functioning of preventive police detention facilities under the Ministry of Administration and Interior), which was in turn replaced by Order no. 988/2005, “Regulations governing detention and the functioning of preventive detention facilities in police units under the Ministry of Administration and Interior”, which is a public document. The latter two documents are not classified and can be accessed both by detainees and by other interested persons, in accordance with the right to be informed. Currently, a new set of regulations on detention and preventive detention facilities is being drafted. In preparing them, recommendations by the European Commission and The Council of Europe’s Committee on the Prevention of Torture (CPT), as well as international provisions in the field of protecting human rights were taken into account. 502. Currently, sentences concerning deprivation of liberty are executed in accordance with Act no. 275/2006 regarding the execution of sentences and of measures ordered by judicial bodies during criminal trial (entered into force on 18 October 2006), which repeals both, Act no. 23/1969, with the exception of the provisions on the execution of sentences at the work place and the Emergency Ordinance no. 56/2003 on the rights of persons carrying out sentences of deprivation of liberty, published in the Official Gazette of Romania, Part I, no. 457 on 27 June 2003.