A/HRC/4/33/Add.2
Page 50
(alleged) offender juveniles and women should be immediately examined to see if they could
suitably await trial at liberty; that pre-trial juveniles be allowed access to education; that pre-trial
prisoners in general be allowed access to work and other purposeful activity etc.
252.
2006:
The Government informed that the below graph reflects the situation that existed in
2%
4%
10%
Custody
Bail
Custodial Bail
54%
Personal Guarantee
30%
Other – before amend.
253.
Interestingly, the relation between custodial and non-custodial measures has not
changed (54 per cent vis-à-vis 46 per cent) and is similar to the indicators of 2005. It is
noteworthy, that the Prosecutor General of Georgia has issued Internal Guidelines promoting the
application of non-custodial measures in particular bail (dated 26 January 2007). It directly
recommends the application of bail to certain types of crimes and contains guidelines regarding
the amount of bail to be paid in concrete cases.
254.
With respect to article 195 of the Draft Criminal Procedure Code of Georgia, paragraph
1 of the article lists the following types of non-custodial measures:
•
Bail.
•
Written obligation of residence and due conduct.
•
Placement of juvenile defendant under supervision.
•
Third- party (personal) guarantee.
As for the second paragraph of the article, listing various types of preventive measures to be
applied when the State has sufficient resources for ensuring its applications, the provision takes
in due account the forthcoming processes of:
•
The establishment of the Probation Service, and
•
Preparation of qualified human resources and financial means to implement those
preventive measures.
255.
The Organizational Analytical Unit of the Prosecution Service of Georgia gathers
statistical analyses and data regarding the application of custodial as well as non-custodial
measures of restraint. The service analyses the aforementioned information on a monthly basis
and disseminates the information among prosecutors and puts it on the website. The aim is
twofold:
•
Every head of unit, department or the Deputy Prosecutor General of Georgia plays a
supervisory/monitoring role of the prosecutors falling under his/her responsibility. The statistics
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