A.—s,

that, in view of the new situation in which refugees are now placed, supplementary provisions be added. It further recommended that the position of refugees be re-examined on the basis of the principle that refugees be not expelled to their country of origin, expulsion being replaced, if necessary, by measures of supervision. At the first meeting of the Fifth Committee it was decided to refer to the First Committee the legal aspect of this question, and a brief account of that Committee's consideration will be found in the section of my report relating to its work. The recommendation of the First Committee was that all documents relating to the subject be communicated to Governments, which could express their views on the desirability of the League's continuing the study of the problem. Later discussions by the Fifth Committee followed the undermentioned headings:— Reports by Governments in regard to the Treatment of Prisoners.—The Governments of France, British India, Norway, Portugal, and Sweden had submitted during the past year valuable information on the application of the standard minimum rules and the progress made in their respective countries in connection with penitentiary administration, details of which will be found in Document A. 24, 1938, IV. The delegates of the United Kingdom and Roumania also made statements before the Fifth Committee outlining the progress in their countries in regard to prisoners, their numbers, treatment, &c. Important work has been carried out in this connection by the International Penal and Penitentiary Commission, and a copy of this Commission's report has been forwarded to Governments. It was shown that at the time of the inquiry by the Commission, covering fifty-three countries, about one million persons were under detention, the proportion of prisoners to total population being as follows: In thirteen countries the number of prisoners represents less than -J per cent, of the total population; in seventeen countries, | per cent, to 1 per cent.; in seven countries, 1 per cent, to 1\ per cent.; in nine countries, per cent, to 2 per cent.; in four countries, 2 per cent, to 2| per cent.; in three countries, over 2| per cent. It will be noted how widely the position varies in the different countries. It must be recognized, of course, that the penal systems and the judicial and penitentiary organizations vary widely, so that the respective figures resulting from these different systems, even in eases where the form has been followed without restrictions, are in no way comparable. There was general agreement that one of the most important steps to take was the adoption of measures to reduce the number of prisoners, and one such measure was the replacement of imprisonment by fines. Others were the substitution of release on probation for detention, conditional release and suspension of sentences, and the reduction of the period of imprisonment on remand or pending trial. Certain delegates informed the Fifth Committee of the measures taken in their countries to reduce the prison population, the Argentine representative, for instance, remarking that the criminal code which came into force in 1921 introduced two novelties— conditional suspension of sentence and conditional release. The Fifth Committee recommended that the prison administrations of all countries should make a detailed study of the measures outlined in the report of the International Penal and Penitentiary Commission. Already these measures had had the effect of reducing the number of prisoners very considerably, and had the advantage of introducing more rational measures for the rehabilitation of prisoners. Treatment of Witnesses and Persons awaiting Trial.—Following on the decision of the 1937 Assembly, seven technical organizations interested in penal questions were consulted regarding measures which might be proposed to protect witnesses and persons awaiting trial against the use of violence and any other forms of physical or mental constraint. Many interesting observations were submitted by these bodies, and the Fifth Committee had an exchange of views as to what the League might do with a view to combating certain abuses at present practised upon witnesses and persons awaiting trial. It was generally agreed that the subject should be further examined by the technical organizations which have already been consulted, and, accordingly, the Secretary-General was asked to communicate with these bodies with a view to their continuing their inquiries so that a joint memorandum summarizing all the various suggestions might be available for discussion by the Assembly in 1939. Report on the Activities of Technical Organizations.—The League of Nations has continued to maintain close relations with seven international organizations dealing with penal and penitentiary questions. A perusal of Document A. 24, 1938, IY, illustrates the manner in which these organizations continue to assist the League in its work on these questions. League Bodies dealing with Questions affecting Penal Law during the Past Year.— The attention of the Fifth Committee was drawn to the work of the inter-governmental Conference which met under the auspices of the League in November, 1937, as a result of which a convention was drawn up for the prevention and punishment of terrorism and a convention for the creation of an international criminal Court. The first of these conventions has been signed by twenty-four and the second by thirteen countries, and

4—A. 5.

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