A. Introduction
(2)
The Committee welcomes the timely third periodic report of Georgia and the information presented therein.
The Committee expresses its appreciation for the large high-level delegation, which facilitated a constructive oral
exchange during the consideration of the report. The Committee also appreciates the comprehensive written and oral
replies provided to questions posed during the dialogue.
(3)
The Committee notes that following the State party’s independence in 1991, internal conflict has continued
in part of its territory. In particular, the situation in the self-proclaimed autonomous republics of Abkhazia and
South Ossetia, the latter having produced more than 215,000 internally displaced persons, is a matter of serious concern.
Taking the above into consideration, the Committee wishes to remind the State party that no exceptional circumstances
may be invoked in respect of the absolute prohibition of torture.
B. Positive aspects
(4)
The Committee welcomes the State party’s accession to the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 9 August 2005, as well as the declarations
made under articles 21 and 22 of the Convention, and encourages the State party to inform practitioners and the general
public of the availability of these measures.
(5)
The Committee also notes that in the period since the consideration of the last report, the State party has ratified
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
and the Rome Statute of the International Criminal Court.
(6)
The Committee further notes the State party’s accession to or ratification of regional instruments, among them
the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the
European Convention on Extradition and the European Convention on the Transfer of Proceedings in Criminal Matters.
(7)
The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation, policies
and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and
other cruel, inhuman or degrading treatment or punishment, in particular:
(a)
The revision of the Code of Criminal Procedure, in particular article 144 which brings Georgian
legislation in line with international norms with regard to the definition of torture;
(b)
The elaboration of the Plan of Action against Torture in Georgia, the Plan of Measures to Reform and
Develop the Penal Correction System as well as the National Anti-Trafficking Plan and the efforts made to strengthen
State institutions, including the creation of the Department of Investigation in the Ministry of Justice in 2005;
(c)
The adoption of new laws, such as the law on domestic violence in April 2006 and the drafting of a
new law on trafficking, as well as the new draft Penitentiary Code for the consideration of Parliament in 2006;
(d)
The allocation by the State party of additional resources to improve standards in places of detention, in
particular with respect to access to health, activities, training and living conditions;
(e)
The 2004 Memorandum of Understanding between the Ministry of Internal Affairs and the
Ombudsman’s office that enables the Ombudsman’s office to authorize monitoring groups, which include
representatives of non-governmental organizations, to undertake unannounced visits to any detention facility under the
responsibility of the Ministry of Internal Affairs.
(8)
The Committee takes note with satisfaction the existence of the 24-hour hotline for torture-related complaints,
and encourages the State party to further disseminate information on its availability.
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents