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)
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