particularly for non-violent, minor or less serious offences, and the application of non-custodial measures such as bail and recognizance be increased (j) 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) detention as a measure of restraint as a rule is not used towards seriously ill persons, minors, persons over a certain age (women 60 and men 65), women who are 12 or more weeks pregnant or have a baby (of up to one year), and also towards persons who have committed a crime out of negligence Information received on steps taken since December 2007/current situation • • detention was 44,9 percent (see appendix 2, table 4) In February 2007, a standing commission was set up at the Supreme Court of Georgia which elaborated guidelines with regard to certain key proceedings of the criminal procedural legislation and practice. The document is titled “Practical Recommendations for Magistrates on Key Issues of Criminal Procedure” and, among other issues, also includes detailed guidelines regarding the procedures for the application of pretrial measures of constraint Post-trial: In the last two years the numbers of convicted prisoners have exploded (see appendix 2, table 1); the proportion of prison sentences has averaged 45 % of all sentences over the last 5 years, while conditional sentence has been used in an average of 44% of all sentences; the use of fines as main punishment measure has decreased from 24 % in 2004 to 4 % in 2007; the use of other alternative, non-custodial sentences, such as community service, correctional labour, the deprivation of the right to hold a position or do a professional activity, etc has been meager and has averaged 0.7 % of all A/HRC/10/44/Add.5 page 32 Recommendations (E/CN.4/2006/6/Add.3)

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