A/HRC/4/33/Add.2 Page 46 234. Similarly, regarding access to information, the Administrative Code of Georgia provides the legal framework referring to which NGOs can easily request public information from governmental agencies without restriction and/or limitation. For example the “Georgian Young Lawyers’ Association”, on several instances, applied for public information to the Prosecution Services of Georgia requesting statistical and other information, which has been provided to GYLA in all instances. “Article 42 of the Constitution” has also requested public information regarding investigations initiated under articles 1441 (torture), 1442 (threat of torture), 1443 (inhuman or degrading treatment) and 335 (compulsion to provide explanation, testimony or opinion) of the CC, and the incident that took place on 27 March 2006, which has been provided. 235. Recommendation (g) stated: Victims receive substantial compensation and adequate medical treatment and rehabilitation; 236. According to non-governmental sources, the Constitution provides no explicit right to reparations, but some guarantees with respect to compensation. Article 42 (9) states: “Everyone who has sustained illegal damage by the state, self-government bodies and officials, shall receive complete compensation from state funds through the court proceedings.” The Criminal Procedure Code provides for compensation and rehabilitation of torture victims (art. 219 of Criminal Procedural Code). Particularly positive is the fact that the failure to identify the perpetrator is not a hindrance for a victim to bring an action before the civil courts on the basis of state liability (arts. 33 (4) of the Criminal Procedure Code). Unfortunately, the enactment of this provision has been postponed by the parliament four times. Each time the date for the entry into force of this article approaches, new amendments are made suspending its application again and again.7 237. The victim also has right to receive rehabilitation and compensation for unlawful actions of investigative bodies. However, rehabilitation is provided for unlawful and unreasoned detention/conviction and compulsory treatment and not for torture as such. Therefore, it cannot be considered an effective remedy for torture survivors. However, it is positive that compensation is not dependant on the result of the criminal case in question; in practice, a review of relevant judgement shows that judges often refrain from awarding compensation citing budgetary constraints. 238. The Government informed that, according to article 42 (9) of the Georgian Constitution, “any person having unlawfully sustained a damage inflicted by state agencies, selfgovernment bodies and their representatives shall be guaranteed full compensation at the expense of the state and determined through court proceedings". CPC stipulates that a person suffering from property, physical or moral damage resulting from unlawful acts including arbitrary detention and “other unlawful or arbitrary acts of the bodies of criminal procedure” is entitled to compensation, thus not being limited only to wrongful detention/conviction, but any unlawful act, including torture and ill-treatment. Under articles 73 and 76 of CPC, the suspect/accused has the specific right to receive compensation for the damage suffered as a result of illegal detention. In accordance with article 30 of CPC, the person that sustained damage as a result of a crime may initiate a civil claim. Compensation may be requested for property, physical (bodily) or moral harm. A civil claim is presented against the accused. As stated in 7 Pursuant to Article 681 (2) the application of this article is postponed till January 2007.