Recommendations (E/CN.4/2006/6/Add.3) Situation during visit (See: E/CN.4/2006/6/Add.3) (h) Necessary measures be Not respected in practice. taken to establish and ensure the independence of the judiciary in the performance of their duties in conformity with international standards (e.g. the Basic Principles on the Independence of the Judiciary). Measures should also be taken to ensure respect for the principle of the equality of arms between the prosecution and the defence in criminal proceedings. Information received in the reporting period Government: Under the 11.07.2007 N 5279 amendment to the Law of Georgia on the Disciplinary Responsibility and Disciplinary Prosecution of Judges of Common Courts of Georgia, article 2 was reformulated to provide more specific grounds for disciplinary proceedings against judges. Special measures have been undertaken for strengthening guarantees of impartiality and independence of judges. Non-governmental sources: 1. Formation of the High Council of Justice: reportedly, politicization of the High Council members appointed by the President and the Parliament is not excluded; only the head of the Supreme Court of Georgia (the SC) can nominate judges for the membership to the High Council of Justice. Although, the judges to be nominated by the head of the SC are elected by the Assembly of Judges, in the 75 A/HRC/19/61/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) 2008, the victim applied to the Administrative Chamber of the Tbilisi City Court, which accorded the person in 9000 GEL (approx. 5280 USD). Rehabilitation programmes are provided by a non-profit, non-governmental organization, which offers professional medical, social and psychological services to the victims and their family members. Activities are conducted in centre‘s facilities and through outreach programmes. Reform in line with the Criminal Law Reform Strategy and the Government‘s Action Plan to be completed in early 2009. Its guiding principles are: Strengthened independence and impartiality of the judiciary; Improve social guarantees for judges as well as non-judicial staff in the judiciary; improved training for both categories; Systemic reorganization of the judiciary ensuring effectiveness and efficiency of the whole judicial process; Development of infrastructure for the judiciary including construction of new buildings and the provision of necessary technical equipment; and Reform of established court/case management systems. Constitutional amendments were introduced in December 2007 to minimize the authority of the President in the judicial system; the High Council of Justice appoints and dismisses judges; the

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