30.The State party should:

(a)Continue reducing the length of pre-trial detention and resort to non-custodial alternatives, bearing in mind its obligations under article 9 of the Covenant as interpreted in the Committee’s General Comment 35 (2014);

(b)Periodically review the length of pre-trial detention with a view to determining whether it is necessary and guarantee the right to a trial within a reasonable time; and

(c)Limit the application of pre-trial detention under the Code of Penal Procedure and the Counterterrorism Law.

Rights of aliens

31.The Committee is concerned about the high number of asylum-seekers and migrants, including children, detained in guarded centres. The Committee is concerned about statements by State authorities refusing the reception of refugees of Muslim faith. The Committee is also concerned about the difficulties faced by asylum-seekers to apply for asylum at the border with Belarus in Terespol, where there is no adequate system to identify people in need of international protection. (arts. 2, 6, 7, 9 and 26)

32.The State party should:

(a)Refrain from detaining asylum seekers and migrants and implement alternatives, including before deportation; and in those cases where the individual is detained ensure that the detention is reasonable, necessary and proportionate in the light of the circumstances and reassessed as it extends in time;

(b)Ensure that children are not deprived of liberty except as a measure of last resort and for the shortest appropriate period of time, taking into account their best interests; and

(c)Ensure that access to asylum is not obstructed on grounds of religious discrimination or other grounds prohibited by the Covenant and establish a system of proper screening which ensures that asylum seekers are not returned to a country where there are substantial grounds for believing there is a real risk of irreparable harm, such as that set out in articles 6 and 7 of the Covenant.

Right to a fair trial and access to a lawyer

33.The Committee is concerned about reports which allege: a) undue delays in court proceedings, b) difficulties in accessing legal assistance during arrest, and c) instances of insufficient respect for the confidentiality of communication between counsel and clients. It is also concerned about the impact on the right to a fair trial and on the independence of the judges of recent legislative changes and proposals, in particular the Law on Prosecution of January 2016 and the Draft Act on the National Council of the Judiciary, which seek a stronger role of the government in judicial administration, particularly regarding the appointment of judges and disciplinary sanctions. (arts. 9 and 14)