A/HRC/4/33/Add.2
Page 37
198.
When it comes to the Plan of Action against Torture 2003-2005, there is no official
evaluation of what was achieved. It is also not possible to identify which body is responsible for
overseeing its implementation (the Human Rights Department of the National Security Council
no longer exists; other ministries are reluctant to initiate a revised Action Plan). There is also no
new action plan and no sign of commitment to develop one. With the term of the original Plan
expired, there is no comprehensive document setting out the state’s approach to tackling the
problem of torture and inhuman treatment in Georgia.
199.
The Government informed that the fight against impunity with respect to torture and illtreatment is one of the major priorities. In particular, since the Rose Revolution of November
2003, the Government has taken several pro-active steps to eradicate not only cases of torture
and ill-treatment, but also any practices indirectly supporting any inhuman and degrading
treatment. Namely:
•
Significant legislative amendments were made into the Criminal Code and Criminal
Procedure Code of Georgia in order to bring them in line with the international human rights
instruments.
•
The law enforcement authorities have undergone substantial institutional reforms
followed by changes in human resources where it was necessary, and developed alternative
internal monitoring mechanisms through the creation of human rights protection units within the
Ministry of Interior, Prosecution Service of Georgia and the Penitentiary Establishment of the
Ministry of Justice.
•
The Office of the Prosecutor General of Georgia as well as the Ministry of Internal
Affairs of Georgia publicise through media (TV press-conferences) arrest/detention or
prosecution of the person/s who has/have committed acts of torture or ill-treatment. This type of
interview is given by high- level officials, including the Deputy Prosecutor General and the
Heads of respective human rights units. Those interviews illustrate the commitment by the
Government not to tolerate cases of torture and ill-treatment committed by high level officials.
Prosecution of cases of torture and ill-treatment have always been within the top four priorities
of the Prosecution Service of Georgia along with the fight against corruption, cases of
persecution of persons on religious grounds and facts of trafficking in human beings.
200.
With regard to the “Special Operations” conducted by lawenforcement bodies, it should
be noted that the Law on Police provides for the legal basis for the planning and organizing of
police operations. In particular, Chapter III of this law regulates the issues of the right to use
coercive physical measure in detail. All “Special Operations” that involved allegedly excessive
use of force resulting in deaths of the suspects is being thoroughly investigated. Currently,
criminal cases are opened with respect to the 13 persons killed during the “special operations”.
The Government of Georgia fully understands that the detailed regulation of the use of force by
the police is a crucial safeguard since it ensures adequate and proportionate involvement of the
force and provides for respective criminal responsibility in case of excessive use.
201.
Derived from the above-mentioned considerations, the Government of Georgia has
elaborated the detailed rules that will give the police officers clearer guidelines on the modalities
of the use of force and subjects the use of force to a stricter review. Protection of internationally
recognized human rights served as a basic principle in the process of drafting the Manual. The
draft Manual provides that the police should respect the dignity of each person and should use
force only for the protection of rights of individuals and for the interest of the public. In
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents