Recommendations
(E/CN.4/2006/6/Add.3)
proceedings (h)
Situation during visit
(See: E/CN.4/2006/6/Add.3)
Steps taken in previous years
(See: A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
the European Standards of Judges’
Ethical Behaviour adopted by the
Conference of Judges on 20
October 2007
• Para. 4 of CPC article 8 on
supremacy and independence of the
judiciary, states that the judiciary
controls the legality and validity of
activities and decisions of
investigators and prosecutors
Information received on steps taken since
December 2007/current situation
•
•
A/HRC/10/44/Add.5
page 29
•
Reform of established court/case
management systems
• Reforms in the Ministry of Justice of
Georgia and the Prosecution Service
On 10 October 2008, amendments to the
Constitution of Georgia authorized the
merger of the Prosecution Service of
Georgia with the Ministry of Justice.
Following the corresponding changes to
the Constitution, a new Law on the
Prosecution Service of Georgia was
adopted on 21 October 2008. As a result,
the Prosecution Service now is part of
the Ministry of Justice of Georgia.
However, its legal status is different from
other departments and units of the
Ministry, in view of the scope of its
independence. The Chief Prosecutor
supervises the prosecutorial and
administrative activities. The Chief
Prosecutor is nominated by the Minister
of Justice and appointed by the President
The Minister of Justice, unlike the then
existing Prosecutor General, is a member
of the Cabinet and accountable to
Parliament. Political accountability and
parliamentary supervision concern only
criminal justice policy. The Prosecution
Service as a whole maintains the
necessary independence in its day-to-day
work. The Law on the Prosecution
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