Situation during visit (See: E/CN.4/2006/6/Add.3) Information received in the reporting period or degrading treatment, this will not hold up the plea agreement which was concluded in compliance with the law (Article 212.4.) Non-governmental sources: Detainees are often afraid to complain about alleged torture and ill-treatment out of fear of reprisals, negative consequences for their possibility to enter into a plea bargaining agreement or reverse effects on parole. (e) Forensic medical services Forensic services were part of be under judicial or another the police/penitentiary services. independent authority, not under the same governmental authority as the police and the penitentiary system. Public forensic medical services should not have a monopoly Reportedly, retaliation for complaints of torture and ill-treatment by prison staff takes various forms, including in many cases, persons complaining of abuses being put under a stricter regime or threatened that their situation was going to be worsened in case they complained. The impediments to complain were reportedly graver in the prison system. The practice of plea bargaining in Georgia, where some 80% of all convictions are reportedly plea bargained and the acquittal rate stands at the extremely low rate of 0.01%, has an adverse effect on the launching of complaints in case of ill-treatment by the police. On 31 October 2008 the Parliament of Government: According to Article 38, Georgia adopted the Law on a Legal paragraphs 2 and 9 of the new CPC, the Entity of Public Law ―Levan Samkharauli medical examination is guaranteed for National Bureau of Judicial Expertise‖, every individual upon arrest or detention. which entered into force on 1 January According to Article 144 (1) of the Code, 2009 and creates the National Bureau as the medical expertise may be requested by an independent legal entity of public law, the party of the case, if the possible rather than an institutional part of the outcomes of the expertise are important A/HRC/19/61/Add.3 72 Recommendations (E/CN.4/2006/6/Add.3) Steps taken in previous years (See: A/HRC/4/33/Add.2, A/HRC/7/3/Add.2 and A/HRC/16/52/Add.2)

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