A/HRC/4/33/Add.2
Page 57
underwent special training organized by the “Penal Reform International”. This kind of
monitoring systems is also envisaged by the Draft Code on Imprisonment. Additionally, in order
to make the work of the local commissions more effective and coordinate their activities, the
creation of a Central Council of Public Control is envisaged by the Draft Code. The Central
Council will be composed of the members from the local commissions and will serve as a
consulting body for the Minister of Justice.
283.
Recommendation (p) stated: All investigative law enforcement bodies establish
effective procedures for internal monitoring and disciplining of the behaviour of their
agents, with a view to eliminating practices of torture and ill-treatment;
284.
All ministries, including the lawenforcement agencies, have divisions charged with
“general inspection”, responsible for supervising personnel’s performance. However, no
information on either written procedures or the quality of their actual implementation is
available.
285.
The General Inspection of the Prosecution Service of Georgia is vested with the power
to investigate and prosecute misconduct of employees of the Prosecutor’s Service of Georgia.
Article 38 of the Organic Law on the Prosecutor’s Office determines the general rules of
responsibility of the employees of the Prosecutor’s Office and stipulates that the responsibility of
the employee of the Prosecutor’s Office for criminal and administrative violations is governed by
the relevant Georgian legislation. The prosecution for any crime committed by an employee of
the Prosecutor’s Office is initiated by the Prosecutor General only and any such case has to be
investigated by the Prosecution Service of Georgia.
286.
According to the Charter of the Prosecution Service of Georgia (hereinafter CPSG), the
General Inspection is a structural unit of the Prosecution Service (art. 6(2) (I)). Under article 7(9)
of CPSG, the tasks of the General Inspectorate are: to conduct investigations into acts of the
employees of Prosecutor’s Office if they appear to violate the law and, if appropriate, to conduct
a preliminary investigation; to conduct investigations into offences relating to corruption
committed by employees of the Prosecutor’s Office and make a decision on initiating criminal or
disciplinary proceedings against them; to conduct preliminary investigations in cases subject to
its jurisdiction; to detect and examine conduct inappropriate for an employee of the Prosecutor’s
Office, infringements of rights of citizens, disregard of existing legislation on the conflict of
interests and grave breaches of executive and labor discipline and to present a proposal
concerning the disciplinary responsibility to the Prosecutor General; to support the accusation in
Court at district as well as appeal levels on behalf of the State in the cases investigated by
General Inspectorate. According to the Charter of the General Inspection (hereinafter CGI) the
Inspectorate is the structural unit of the Prosecution Service of the Prosecutor General of Georgia
in charge of internal control. It carries out work to detect, prevent and address, in accordance
with the law, violations of law within the system of the Prosecutor’s Office and by its activities
supports the staff policy implemented in the Prosecutor’s Office (art. 1(1)). Under Paragraph 4 of
the same article, the General Inspectorate is unique within the Prosecution Service of Georgia,
since it does not have sub-offices on lower levels. Notably, the General Inspection is subject only
to the authority of the Prosecutor General and is accountable only to him/her. Any form of
interference in its activities is prohibited.
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