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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