Recommendations
(E/CN.4/2006/6/Add.3)
Situation during visit
(See: 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)
their members are recruited and appointed
by the Ministry of Justice. Several NGOs
have been deprived of the possibility to
have their representatives in these
commissions.
83
A/HRC/19/61/Add.3
Information received in the reporting
period
had a number of adverse effects to the
prevention of torture and ill-treatment. The
former relative transparency of the
Georgian prison system has been
abandoned and human rights defenders
reportedly no longer have any first-hand
Government: The 1996 Organic Law of information of the situation of detainees
the Public Defender of Georgia was
but only get this information through
amended by Parliament on 16 July 2009 defence lawyers.
and now provides for the following: (1)
According to the legal provisions
The Office of the Public Defender (PDO) establishing the NPM, the Public Defender
was officially designated as a National
can be assisted by a group of civil society
Preventive Mechanism (article 31 (1)),
experts, the so-called ―Special Preventive
being expressly obliged to cooperate with Group‖, in carrying out the NPM mandate.
all relevant international human rights
The current Public Defender has
bodies/institutions in line with the NPM
established a roster of 22 civil society
mandate and creation of the National
experts after issuing an open call for
Preventive Group (article 31 (3 )); (2)
applications. However, the legal
Adequate resources to be provided for
provisions relating to the inclusion of civil
carrying out its mandate (article 31 (2));
society experts in the NPM were
(3) Unimpeded access to all places of
reportedly criticized due to the lack of
detention, access to relevant information clarity. On the one hand, the terminology
and right to conduct private interviews
―can be assisted‖ leaves the door open to a
(article 19 (1) and (2)); Confidentiality
lot of discretion for the Public Defender
criteria: respect towards
and could, in principle, be interpreted in a
confidential/private data of detainees
manner that civil society experts are
(article 19 (3)); (4) Expertise and
completely excluded from the NPM; on
professionalism of the members of the
the other hand, the selection of civil
National Preventive Group; (article 191
society members was not considered to
(2)); (5) Right to make recommendations, have been entirely transparent and
including the presentation of the NPM
objective.
report before the Parliament of Georgia
(article 21); and (6) Privileges for the
members of the National Preventive
Group: they have a right withhold giving
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