154. The Prison Patronage Association had been established in 19S9 and assisted convicted persons in prison establishments on their release and also helped their families. The Association's representatives were allowed to enter prison establishments, could freely contact detainees and obtain information from the Prisons Service. Additionally, the Association had a home for housing detainees without resources on their release from prison and it operated a service to assist with housing and employment problems. Right to a fair trial, 155. In connection with that issue, members of the Committee wished to know what changes had been introduced in the draft code of criminal procedure relating to guarantees for a fair trial; the scope of jurisdiction of the military courts and their position in the court system in Poland; the current mechanisms for legal aid; the experience of the Hational Judicial Council; and the siae of the backlog of cases before the ordinary courts. Members of the Committee also wished to know whether new legislation contained any rule guaranteeing the right not to be compelled to testify against oneself or to confess guilt; whether there was trial by jury; and whether judges in the military courts were required to have any special qualifications. Clarification was sought on the right of judges to question accused persons; on the composition of the various types of courts; and on the role of assessors in the judicial system. 156. In reply, the representative of the State party said that the most important change in the legal reforms now before the Polish Parliament was the provision in the draft code of criminal procedure for wide-ranging intervention by the courts in the pretrial examination of cases. Under that procedure, the courts could question the accused and witnesses, an9 the accused person himself might request a court hearing or appeal against a failure to investigate his case. The powers of the defence counsel would be broadened and those of the prosecuting counsel reduced. Any court inquiry required the presence of defence counsel and the decisions of the judge were to be pronounced in open court in the presence of all the concerned parties. Court proceedings would no longer be inquisitorial but follow a procedure in which questions could be asked by the prosecution, the defence, the defendant and the judge, in that order. Accused persons would have the right to refuse to make statements. Legal aid was provided by lawyers and legal advisers whose respective professional organizations were independent of the State. About 4,000 lawyers were currently practising and there were approximately 16,000 legal advisers. 157. The composition of courts varied with the type of proceedings. A court of first instance was presided over by one professional judge and two elected, non-professional assessors, except in cases which might carry the death penalty, when there would be two professional judges and three assessors, and appeals cases, where there were always three professional judges. Under the simplified procedure, which was used only for straightforward cases carrying a light penalty, the hearing might be conducted before only one judge. The National Judicial Council, established in December 1989, chiefly considered applications for posts in the judiciary. A recommendation by the Council, consisting of 26 members representing different branches of the judiciary and elected representatives, was necessary for appointment as a judge. Requests were also considered by the Council for assignment to another court or for -35-