A/HRC/4/33/Add.2 Page 58 287. With regard to any offences committed by employees of the Prosecutor’s Office, the General Inspection conducts a preliminary investigation. In these cases, the Criminal Procedural Legislation of Georgia applies. As regards other violations of the law and inappropriate conduct of any employees of the Prosecutor’s Office, the General Inspectorate conducts enquiries. The grounds for conducting a ministerial inquiry are: information concerning a violation of the law or inappropriate conduct committed by an employee of the Prosecutor’s Office, including verbal and written complaints and applications of citizens, notifications received from the telephone hotline, private decrees of the courts, reports and information of the employees of the Prosecutor’s Office, notifications and materials obtained from other state bodies, information published in mass media, relevant facts disclosed in the working process of the Inspection and particular assignments of the Prosecutor General. A decision of the General Inspection can be appealed to the Prosecutor General or to the Judiciary. 288. The General Inspection of the Prosecution Service of Georgia has carried out 100 internal inquiries, of which 75 brought to light disciplinary misconduct by prosecutors. Apart from severe disciplinary measures, three prosecutors were dismissed from the service. Along with the inquiry procedure, the General Inspection has carried out investigations in 54 criminal cases (33 newly initiated and 21 from previous years). It is interesting to note that one of the cases referred to the compulsion of Giorgi Migriauli [see E/CN.4/2006/6/Add.3, Appendix, paras. 15-16] to give testimony (art. 335(2) of CPC) at the Gori District Prosecutor’s Office (case dates back to 2004). A former prosecutor has been found guilty in this criminal case and convicted to five years of imprisonment. 289. The General Inspection of the Ministry of Internal Affairs of Georgia is a structural unit of the Ministry of Internal Affairs, which is in charge of revealing and sanctioning violations of ethics and discipline in the Ministry, as well as poor professional performance and misdemeanor. The authority of the General Inspection is based on the principles of respect and protection of human rights and legitimate interests of natural and legal persons. It is accountable only to the Minister of Internal Affairs of Georgia. 290. The General Inspection of the Ministry of Internal Affairs shall: (a) conduct inquiries into alleged misdemeanors committed by employees of the Ministry; (b) check how material and financial resources are spent (except of operative expenses); (c) ensure internal security and safety of the Ministry; (d) reveal violation of ethics and disciplinary rules, poor professional performance and misdemeanors and ensure that there is an effective response. The instructions of the General Inspection are mandatory for every employee of the Ministry. A breach of the latter obligations will constitute disciplinary violations and will entail disciplinary sanctions. 291. The General Inspection of the Ministry of Justice is an independent structural unit of the Ministry of Justice. It is accountable to the Minister of Justice of Georgia only. The General Inspection is vested with all necessary powers to properly conduct its activities, namely it is empowered to conduct examination into violations of human rights, freedoms and legal interests of the person, disciplinary violations and other unlawful acts. The core functions of the Inspection are: • Ensure full compliance by all ministerial staff with the requirements of the Laws of Georgia and other normative acts.

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