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
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