Situation during visit (See: E/CN.4/2006/6/Add.3) All allegations of torture and ill-treatment be promptly and thoroughly investigated by an independent authority with no connection to that which is investigating or prosecuting the case against the alleged victim (c) No mechanism to conduct such investigations independently Steps taken in previous years (See: A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) Prosecutor General regarding Preliminary Investigation into allegations of torture, inhuman and degrading treatment adopted on 7 October 2005 require the automatic opening of a case if reports on torture are received and fix maximum delays for preliminary investigations • A Human Rights Protection Units exist in the Office of the Prosecutor General and the Ministry of the Interior; however they are not independent; both agencies also have General Inspection Units in charge of ensuring internal discipline (see below) • According to CPC article 62, any crime committed by a policeman shall be investigated by the Investigative Unit of the Prosecution Service; therefore, investigating officials are not from the same service as those who are subject of the investigation • A Decree of the Penitentiary Department of 7 August 2006 requires every member of the Special Task Force to have identification insignia consisting of Information received on steps taken since December 2007/current situation • Government 2008: Ministerial Order of 19 February 2007 para. 1 requires heads of territorial and structural units to ensure that every person in their subordination, who carries out investigative activities in connection with a specific criminal case and has direct access to detainees, shall be identifiable; the Ministry of Internal Affairs of Georgia is seeking to improve the system of identification, e.g. through unifying the identification numbers • Figures concerning investigations and prosecutions for 2008: Investigation Initiated: 39 Among them 144¹ 35 144² 0 144³ 4 Investigation terminated 23 On cases initiated in previous year 8 Criminal pursuit initiated 2 Sentenced (persons) 5 A/HRC/10/44/Add.5 page 24 Recommendations (E/CN.4/2006/6/Add.3)

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