according to the seriousness of the offence committed. He explained that colony settlements were places of deprivation of freedom where educational activities were conducted in conjunction with corrective labour. Such colonies were reserved for persons who had committed only offences of negligence without serious consequences. The Government was determined to do all in its power to achieve full compliance with the Standard Minimum Rules for the Treatment of Prisoners. Solitary confinement was applied only in. cases of persistent disobedience and only when all other means had been tried and failed. The maximum period of confinement was 15 days in disciplinary isolation units or colonies and 6 months in most prisons. Ho penal sanctions consisting only of forced labour were imposed by the courts; therefore, there was no contravention of article 8 of the Covenant. There had been much discussion concerning the restructuring of the militia with a view to making it more democratic, but work on new laws and regulations was not yet completed. In accordance with the Decrees of July 1987 and January 1988 on psychiatric care, the relevant institutions had been notified by the Ministry of the Interior that they would henceforth operate under the authority of the Ministry of Health. Under article 124-2 of the Penal Code, it was a criminal offence for a person known to be of sound mind to be placed in a psychiatric institution. That provision had been in force for the past three years, and since then no case had arisen where such action had allegedly taken place. Right to a fair trial 534. With regard to that issue, members of the Committee reguested additional information on the right to defence introduced by article 7 of the Foundations of Legislation on the Judicial System of 17 November 1989; on the free legal aid system in Belarus; on measures that had been taken to ensure that trials were genuinely public, allowing access to all those interested, including representatives of the local and foreign press; and on the procedure for the appointment of judges. 535. In his reply, the representative said that the Foundations of Legislation on the Judicial System provided valuable guarantees to detainees. In that connection, strengthening the powers of the defence and ensuring the attendance of a defence lawyer from the moment of detention, arrest or charge had been of particular importance. A detainee could request the services of any lawyer desired and, if that did not prove feasible, the services of another lawyer were provided. In the case of minors or where severe sentences might be imposed, the presence of a defence lawyer was compulsory. The fees chargeable by lawyers were subject to regulation and, in the case of certain categories of defendants, such as invalids, the unemployed or persons in poor health, legal services were provided without charge. Hearings were held in public, and the press, including foreign journalists, could attend, except in certain types of cases where confidentiality was essential or where the accused requested the exclusion of the press on grounds that the judges might be improperly influenced. Judges had security of tenure and enjoyed good salaries, which helped to ensure their independence. Freedom of movement and expulsion of aliens, right to be recognized as a person before the law, freedom of religion and expression 536. With regard to these issues the members of the Committee asked about the current status and content of legislation on entry to and departure from the -128-

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