Recommendations
(E/CN.4/2006/6/Add.3)
Situation during visit
(See: E/CN.4/2006/6/Add.3)
Plea bargain
agreements entered into
by accused persons are
without prejudice to
criminal proceedings
they may institute
against allegations of
torture and other illtreatment (d)
Forensic services were part of the
police/penitentiary services
Information received on steps taken since
December 2007/current situation
•
•
•
Government 2008: No legaladministrative 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
Non-governmental sources: NGOs do
not have access to the Internal
Guidelines.
Government 2008: In line with the
ongoing reforms, on 31 October 2008 the
Parliament of Georgia adopted the Law
on a Legal Entity of Public Law “Levan
Samkharauli National Bureau of Judicial
Expertise”, which entered into force on 1
January 2009 and creates the National
Bureau as an independent legal entity of
A/HRC/10/44/Add.5
page 25
Forensic medical
services be under
judicial or another
independent authority,
not under the same
governmental authority
as the police and the
penitentiary system.
Steps taken in previous years
(See: A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
four numbers on his/her uniform
• Complaint mechanisms are
provided by the Law on
Imprisonment and by Minister of
Justice Decree No. 620 of 26 June
2006
• 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
defense 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
The National Bureau for Forensic
Expertise (NBFE) is not structurally
subordinated to the Ministry of Justice;
its Charter provides for considerable
independence while carrying out its
duties. NBFE has an independent
budget, bank account, stamp and other
requisites of any legal entity.
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