Recommendations (E/CN.4/2006/6/Add.3) Situation during visit (See: E/CN.4/2006/6/Add.3) (c) All allegations of torture No mechanism to conduct such and ill-treatment be promptly investigations independently. and thoroughly investigated by an independent authority with no connection to that which is investigating or prosecuting the case against the alleged victim. 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) A/HRC/19/61/Add.3 67 Information received in the reporting period and /or inform the investigative authorities if a defendant and /or detainee has physical injuries. Government: According to the new Code Human Rights Protection Units exist in the Office of the Prosecutor General and on Imprisonment, in case of violation of the Ministry of the Interior; however they the human rights of inmates, the convict/pre-trial has the right to file a are not independent; both agencies also complaint against the staff of the have General Inspection Units in charge penitentiary establishment. A preof ensuring internal discipline (see trial/convict‘s lawyer, legal representative below); or close relative has the right to file a According to CPC article 62, any crime complaint as well, if they have a committed by a policeman shall be reasonable doubt about violation of an investigated by the Investigative Unit of inmate‘s rights or if health condition of an the Prosecution Service; therefore, inmate does not allow him/her to file a investigating officials are not from the complaint personally. An inmate is also same service as those who are subject of authorized to file a confidential complaint. the investigation; The complaint boxes are placed in every A Decree of the Penitentiary Department penitentiary establishment, and are of 7 August 2006 requires every member accessible for all inmates. According to of the Special Task Force to have the Code on Imprisonment, complaints on identification insignia consisting of four torture, inhuman and degrading treatment numbers on his/her uniform; are considered as a special case and shall Ministerial Order of 19 February 2007 be reviewed immediately with due respect para. 1 requires heads of territorial and of confidentiality. structural units to ensure that every person In 2010 and 2011, the Penitentiary in their subordination, who carries out investigative activities in connection with Department of MCLA proactively published and distributed 40, 000 and 50, a specific criminal case and has direct access to detainees, shall be identifiable; 000 complain forms and envelopes for the the Ministry of Internal Affairs of Georgia prisoners that also included information about their rights and procedure for filing is seeking to improve the system of a complaint. identification, e.g. through unifying the identification numbers. The investigative jurisdiction of the Non-governmental sources: Prisoners of Prosecutor‘s Office extends to all crimes if they are committed by public officials. In

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