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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