A/HRC/4/33/Add.2
Page 42
219.
The Government stressed that there have been considerable changes within the human
resources of penitentiary institutions and of the Department itself during the last year.
Interestingly, it is mainly former staff members of the Public Defender’s Office that work in the
Human Rights Protection Unit of the Penitentiary Department. At the same, the fact that a person
has previously worked at the Ministry of Internal Affairs should not automatically lead to the
presumption that he/she is a bad serviceman or potential abuser, which would be somehow
disrespecting their professionalism and not be an objective criterion.
220.
With respect to special identifying insignia for Special Forces during their interaction
with the prisoners, the Government of Georgia informed that the Decree of the Penitentiary
Department of the Ministry of Justice of Georgia of 7 August 2006 regulates the insignia of the
special task force of rapid reaction. Namely, every member of the Special Task Force has an
identification insignia consisting of four numbers. The Decree entered into force upon its
publication, and currently the uniforms of the members of the Special Task Force of Rapid
Reaction of the Department of Prison are equipped with the mentioned identification numbers.
221.
With regard to the allegations that prison authorities regularly deny detainees to meet
with their lawyers, prevent them from making written complaints and deny access to forensic or
other expertise, the Government observed that the Law on Imprisonment provides for the
unrestricted right of the accused (detained person) and the convicted person to meet with their
lawyer (see also above). With respect to the complaint mechanism, article 26(1) (b) of the Law
on Imprisonment provides for a complaint procedure for convicts against illegal acts of the
administration of a penitentiary establishment, members of the staff, representatives of the
department or of another governmental agency. On 26 June 2006, the Minister of the Justice
adopted Decree No.620 providing for a complaint procedure for detainees or convicts against
illegal acts of the administration of the penitentiary establishment, members of the staff,
representatives of the department or of another governmental agency and containing instructions
for the discussion of the complaint procedure. The Decree provides that a detained person, upon
entering the prison facility, shall immediately be informed in writing about his rights and duties,
the treatment regime he falls under and the complaint procedure as prescribed by law. The
detainee shall be afforded the opportunity to file a complaint with the Penitentiary Department,
Court or other competent organ. The Decree contains a provision prohibiting that the
administration of the prison facility halts or checks correspondence of the convicted person
destined for the President of Georgia, the Chairperson of the Parliament, a member of the
parliament, a court, the European Court of Human Rights, human rights treaty bodies that
Georgia is a party to, the Public Defender, a lawyer or a prosecutor. It further provides additional
safeguards with respect to complaint procedures against staff members of the administration and
for persons of foreign nationality and/or who lack the knowledge of Georgian language. It shall
be further noted that the new Draft Code on Pre-Trial Detention and Execution of the Prison
Sentences incorporates detailed complaint and appeal procedures.
222.
Recommendation (d) stated: Plea-bargain agreements made by accused persons be
without prejudice to criminal proceedings that may be institute d for allegations of torture
and other ill treatment;
223.
According to nongovernmental sources, in 2004, a number of positive amendments
with respect to combating torture were made to the chapter of the Criminal Procedure Code
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents