Recommendations
Situation during visit
(E/CN.4/2006/6/Add.3)
(See: E/CN.4/2006/6/Add.3)
(d) Plea bargain agreements
entered into by accused
persons are without prejudice
to criminal proceedings they
may institute against
allegations of torture and
other ill-treatment.
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)
Amendments to the CC along with
Internal Guidelines of the Prosecutor
General regarding Preliminary
Investigation into allegations of torture,
inhuman and degrading treatment adopted
on 7 October 2005 introduced a number
of safeguards, notably supervision by a
judge and presence of a defence lawyer;
The guidelines also provide that no plea
agreements should be used with respect to
victims of torture and/or with respect to
persons accused of torture, threat to
torture and inhumane and degrading
treatment.
No legal-administrative act regulating
plea agreement proceedings exists within
the Office of the Prosecutor General;
however, the Prosecutor has issued
Internal Guidelines of a recommendatory
character as an authoritative guideline for
prosecutors in accordance with
recommendations by international
experts.
Information received in the reporting
period
Government: The new Criminal
Procedure Code (CPC), 2010, is based on
a number of fundamental principles, such
as the independence of judiciary,
adversarial proceedings and the jury trials.
It provides several important safeguards
against torture and ill-treatment, upholds
the impermissibility to influence the
freedom of the will of a person by means
of torture, violence, cruel treatment, as
well as by means of affecting the memory
or mental state of a person (Article 4.2.).
Under Article 100 of the CPC, investigator
or prosecutor are required to promptly
initiate investigation once they receive
information regarding the crime. At the
same time, Georgian legal framework
ensures independent and effective
investigation into the facts of torture and
ill-treatment if committed by the
policeman.
A/HRC/19/61/Add.3
71
Under the new CPC, it is prohibited to
enter into plea agreement which limits the
defendant‘s constitutionally guaranteed
right to request prosecution of relevant
people in cases of torture and inhuman or
degrading treatment (Article 210.5.).
Before approving plea agreement, the
court must get confirmation from the
defendant that torture, inhuman or
degrading treatment was not exercised on
the defendant from the police or other law
enforcement agency. The judge must in
addition inform the defendant that should
the defendant decide to file a complaint
about being subjected to torture, inhuman
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents