B. Pretrial detention

He was transferred to Moscow and taken to Pretrial Detention Centre No. 1, and on an unspecified subsequent date to Moscow Pretrial Detention Centre No. 2, for interrogation.

4.5 As to the length of the pretrial detention, the State party explains that a little over one year of pretrial custody is not unusual in cases involving drug related offences.

It results in arbitrary detentions as well as lengthy detentions and pretrial detentions.

On 29 April 2004, the Prosecutor issued a decision ordering his pretrial detention.

At that time, 30 other cases involving 51 accused were in the pretrial phase.

On 25 June 2004 the Prosecutor prolonged the pretrial detention of Mr. Marynich until 26 August 2004.

In Mongolia, the Special Rapporteur concluded that torture persists, particularly in police stations and pretrial detention facilities.

The Government has not contested that during the duration of the pretrial proceedings Mr. Choi did not benefit from the assistance of counsel.

2.2 The author states that her son's letters described the unacceptable conditions in which he was held at Moscow Pretrial Detention Centre No. 2.

7.9 Finally, as to the duration of Mr. Narrainen apos s pretrial detention, the State party reiterates its comments detailed in paragraph 4.5 above.

On 26 April 2004, Mr. Marynich was apprehended by members of the State Security Committee (KGB) and placed in the KGB pretrial detention centre in Minsk.

His condition worsened, and on 26 January 1995, Vedeneyev was transferred to Pretrial Detention Centre No. 1 for medical treatment, where he died on 28 January 1995.

He was finally taken to a surgery department at Moscow Pretrial Detention Centre No. 1 on 26 January 1995, but efforts to save his life were unsuccessful.

Accordingly, in the light of the charges brought against the defendant and the length of time he spent in custody, his pretrial detention does not seem disproportionate.

Francisco Cortés Aguilar, Carmelo Peñaranda Rosas and Claudio Ramírez Cuevas have been deprived of liberty since 10 April 2003 and continue to be held in pretrial detention.

The State party further dismissed the author apos s complaints relating to the length of his pretrial detention and the quality of his legal representation as unfounded.

Moreover, in legal systems where pretrial detention is ultimately linked to bail, poverty and social marginalization appear to disproportionately affect the prospects of persons chosen to be released pending trial.

According to amendment 18 of Islamic penal law, ratified in 1991, the duration of pretrial detention shall be precisely calculated and deducted from the total term of imprisonment of the convict.

(h) During pretrial investigation, the applicant did not cooperate with the authorities, made contradictory statements and tried to hide the details of the crime and of others of which she was aware

We are committed to the development and maintenance of fair and efficient criminal justice institutions, including the humane treatment of all those in pretrial and correctional facilities, in accordance with applicable international standards.

Bearing in mind the complexity and the seriousness of the charges, the duration of the investigation and the time spent in pretrial detention does not seem to the Working Group to be unreasonably long.

During the pretrial investigation arising from the accusations levelled against him, Mr. Martínez Ramírez had access to a lawyer, who represented him and was able to submit a number of procedural motions in his defence.

(a) That the mere fact of belonging to a racial or ethnic group or one of the aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial detention.

They also contain a great number of rules pertaining to the servicing of the Tribunal and describe the procedures to be followed in connection with investigations, pretrial proceedings, proceedings before the trial chambers and appellate and review proceedings.

In a decision dated 14 May 2002, the prosecutor in the case opened pretrial proceedings against Mr. Martínez Ramírez and others accused of manufacturing, trafficking and carrying weapons and ammunition reserved for the exclusive use of the armed forces.

The source further states that the detention regime of persons in pretrial detention is decided by the investigating agency which, in the case of Mr. Marynich, is the KGB. Mr. Marynich's contacts with the outside world are severely restricted.

Such pretrial detention can be justified only on objective grounds stipulated in the law, such as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk of a serious disturbance of public order

2.4 By letter dated 21 March 1996, the director of Pretrial Detention Centre No. 2 informed the author that he had received her complaint from the Moscow City Procurator, and that the circumstances of her son's death had been investigated.

The Government also reports that the detainees did not engage in violence. It states that Mr. Cortés has requested the termination of his pretrial detention and that this request has been granted and a series of alternative measures have been taken.

For vulnerable groups, therefore, ill preparedness owing to poverty, ignorance and stigmatization creates a strong probability of their being consigned to pretrial detention, having their right to a fair trial infringed and, sometimes, being given a disproportionate or frankly unjust sentence.

The President of the Court of Appeal of Bujumbura informed the independent expert that there were currently only a few pretrial detainees in Burundi prisons the inmates had been either tried and sentenced, had been released or had benefited from provisional immunity measures.

However, human rights observers have reported that almost 90 per cent of the inmates of Muyinga prison were in pretrial detention, among them an 80 year old man without a legal dossier held since September 1998 in connection with the events of 1993.

The bill would strengthen international cooperation, implement international treaties to which Mexico is a party, govern requests for international judicial assistance in the absence of a treaty, especially separating procedures for international judicial assistance from pretrial investigations in the interest of expeditious processing.

The preliminary or pretrial investigator, prosecutor or judge has the power to issue written instructions to internal affairs agencies to take the necessary measures to ensure the protection of the life, health, honour, dignity and property of persons involved in a case.

It is sometimes entrusted to non professionals, preliminary investigations and pretrial proceedings are often conducted without a lawyer, and court appointed lawyers for the actual hearing are generally told what cases they are to defend only hours or days before the trial.

2.15 On 24 September 1996, the Court of Appeal dismissed the petition for certiorari, which clearly suffered from procedural infirmity , as the author had not presented his contradicting evidence, and because the pretrial testimonies of the alleged victim were properly characterized as circumstantial evidence.

According to the source, the detention of Ms. Maligina is arbitrary because she has been held for more than three years in pretrial detention in a closed facility, even though she was a minor when the alleged offence took place and when she was arrested.

However, the irregularities that may relate to the extension of pretrial detention, the length of the procedure and the lack of a separate juvenile justice system for minors are not sufficient in this case to confer an arbitrary character on the detention of Viktoria Maligina.

He was particularly concerned about the continuing practice of forced re education of persons with dissident or non conformist opinions, aimed at changing their personality and breaking their will, both in special re education through labour camps, regular prisons, and even in pretrial detention facilities.

On 23 August 2005, the independent expert visited the police holding cell in Bunia, designed to hold around 30 detainees. However, 130 people of all ages, and at all stages of the judicial process (police custody, pretrial detention, convicted minors and adults), are crammed in there.

A declaration to this effect may be submitted either pretrial or in court up to the time of the first instance verdict, but must be accompanied by the appointment by a process agent in the event that the civil party does not reside the in the court's territorial jurisdiction.

It is also noted that the detainees have been deprived of their liberty since 10 April 2003, that this situation has not changed since then although there has been a change in the place of detention in one case and that they continue to be held in pretrial detention.

When these same authorities decide on the need for pretrial detention, on continued detention in custody for investigation purposes and on the custodial regime to apply, discriminatory use is made of detention and the custodial system as forms of duress to punish, obtain confessions or make it easier to fabricate evidence.

Protection of individuals a measure has been put in place to protect the physical integrity and security of individuals who opt, during pretrial investigations, before, in the course of and after the trial, to assist the authorities in the investigation of any criminal organization and or in the prosecution of any member of organized crime.