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

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