A/HRC/4/33/Add.2
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when purchasing products or services to the Prosecutor’s Office. Under article 9 of the Code,
while performing official duties, the employee of the Prosecutor’s Office must strictly follow the
principles of independence, impartiality and fairness and not to fall under influence of particular
persons (including officials), mass media or public opinion. Article 13 of the Code declares it
impermissible for the employee of the Prosecutor’s Office to use secret information available to
him/her for private ends or to allow the use of such information for the interest of third persons.
Under article 19 of the Code, employees of the Prosecutor’s Office must try to avoid activities
that may cast doubt on his/her independence or may have an influence on his/her official
activities. Article 21 of the Code is noteworthy for several reasons. It underlines that the illegal
receipt of gifts and benefits is punishable by law. Moreover, except for limitations placed by law
with regard to the receipt of gifts or benefits, additional restrictions are provided reflecting
ethical requirements: The employee of the Prosecutor’s Office should refrain from getting any
gift or benefit if it constitutes or might in the future constitute an attempt to exert influence upon
the him/her. In case of a possible conflict of interests, a prosecutor shall abstain from getting any
kind of benefit from an individual or legal person. Violations of the Code result in disciplinary
liability. The General Inspection of the Prosecution Service of Georgia conducts inquiries into
any allegations and presents the results to the Prosecutor General together with an opinion
regarding the acceptability of applying disciplinary sanctions. The General Inspection of the
Prosecution Service of Georgia already found five prosecutors responsible of violation of the
Code of Ethics.
294.
The Code of Ethics for the Ministry of Internal Affairs has been prepared at the
Ministry in cooperation with the Prosecution Service of Georgia and Georgian NGOs. The draft
Code provides a detailed description of the scope of authority and responsibility of a policeman,
contains provisions concerning moral and ethical behaviour, prohibition of corruption, states the
basic principles applicable to police operations, and precisely defines the scope of use of force,
including but not limited to lethal force. The Code pays particular attention to ensure honest and
professional behaviour by policemen. It regulates interrelations among police officers and
between police officers and citizens, institutions. It also lays down responsibility for breaches of
the Code. The Code of Police Ethics is based on international standards and encompasses the
United Nations Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, the Declaration on Protection of All People from Torture and Other Forms of
Cruel, Inhuman or Humiliating Treatment or Punishment, the European Code of Police Ethics,
the European Convention of Human Rights and other international documents as well as the
Constitution, laws and other regulations of Georgia.
295.
The Code of Police Ethics clearly defines the basic principles on which police work is
based. These principles are: constitutionality, legality, responsibility, humanity, dignity,
professionalism, impartiality, integrity and solidarity in their internal relations. Under these
principles, police officers are obliged:
•
To fulfill at all times the duty imposed upon them by law.
•
To respect and protect human dignity and maintain and uphold the human rights of all
persons, use force only when strictly necessary for the performance of their duty.
•
To lawfully use force, special equipment or firearms; such use must be restrained
depending on the seriousness of the offence and proportionate to the legitimate objective to be
achieved. In every instance when force is used, police officers strive to minimize damage and
injury, respect and preserve human life, ensure the assistance and medical aid to injured persons
at the earliest opportunity.
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