Situation during visit (See: E/CN.4/2006/6/Add.3) Necessary measures be 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 Not respected in practice Steps taken in previous years (See: A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) actions by law-enforcement organs. Compensation is granted independently of whether the state officials were found guilty • To address the fact that there are no cases of victims of torture or illtreatment to acquire compensation, the Action Plan on the Fight against Torture envisages measures aimed at raising public awareness on the right to compensation for the victims of torture • Judicial reform is being carried out including through reform of judges’ training, selection and promotion system; salaries of judges were increased substantially in 2007 • Constitutional amendments were introduced in December 2007 to minimise the authority of the President in the judicial system; the High Council of Justice appoints and dismisses judges; the Chairman of the Supreme Court of Georgia chairs the meetings of the High Council • 2007 Law on the “Rules of Communication with Judges of General Courts of Georgia”. • Revision of the Code of Judicial Ethics to ensure compliance with Information received on steps taken since December 2007/current situation • Government 2008: 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 A/HRC/10/44/Add.5 page 28 Recommendations (E/CN.4/2006/6/Add.3)