A/HRC/4/33/Add.2
Page 59
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Control the internal discipline, detect breaches of constitutional rights and lawful
interests of the citizens, infringements of personal liberty and other violations committed by
employees of the Ministry.
•
Examine violations committed by employees of the Ministry in the process of exercising
their official duty and present relevant reports to the Minister.
•
Provide recommendations to the Minister of Justice for the purpose of identification and
prevention of the causes of violations and their eradication.
•
Control the legality and reasonableness of the use of budgetary and non budgetary
allocations.
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Disclose instances of conflict of interests and supervise and control the compliance with
ethical standards.
292.
It is also noteworthy that a Draft Law on General Inspections has been elaborated for
the purpose of regulating the activities of General Inspections as structural units of internal
control for respective state authorities. This draft law is applicable to General Inspections of
government ministries and special military establishments of the executive power that are
directly subordinated to the President of Georgia (please note that the said draft law shall not be
applicable to the Prosecutor's Office of Georgia, since, according to the Constitution, the
Prosecutor's Office is not an organ of the executive branch). The rules regulating the
establishment and activities of the units of internal control for other state authorities or bodies of
local governance are formulated in separate legal acts. Under the draft law, the General
Inspection functions based on the principles of human rights protection, respect for human
dignity, legality and impartiality, equity, independence and publicity. The basic functions of the
General Inspection are as follows: reveal official misconduct and other wrongful acts, conduct
inquiries, present the findings to the head of the respective state authority, reveal cases of
conflict of interests and supervise the compliance with ethical norms by employees, control the
legality and rationality of how budgetary, non-budgetary and other material resources are
managed, and protect the rights of employees. The draft law specifically describes powers and
responsibilities of the General Inspection and contains detailed regulations of its activities. Under
article 12 of the draft law, official inquiries may be commenced on the basis of complaints of
citizens, judicial decrees, data received from other administrative bodies, information provided
by the mass media, and information obtained in the course of activities of the General Inspection.
Under article 15 of the draft law, the General Inspection is entitled to make requests (written or
verbal) for information or for explanations. Detailed data regarding inquiries and examinations
conducted by the General Inspection are to be recorded in the Special Registry of Internal
Control.
293.
The Code of Ethics for the Prosecutors was approved by Order No.5 of the Prosecutor
General of Georgia on 19 June 2006, in accordance with articles 7 § 6 (n) (r1) and 38 § 6 of the
Law of Georgia on the Prosecutors' Office. It lays down the basic principles of behaviour for the
employees of the Prosecutor’s Office in line with public interests. Its purposes are, inter alia, to
establish rules that facilitate strengthening the sense of responsibility inherent to the position of
the Prosecutor and to ensure the protection of human rights, contribute to fair, effective and
impartial criminal prosecution along with the effective administration of justice. Under article 8
of the Code, the employee of the Prosecutor’s Office is obliged to use its official capacity only
for purposes prescribed by law. Apart from restrictions imposed by legal norms, the Code refers
to forms of conduct that are impermissible under ethical standards, such as using one’s official
position for placing illegal pressure on a person, using information pertaining to official
functions for private ends, if it harms the interests of the Prosecutor’s Office, using benefits
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