E/CN.4/2006/6/Add.3
page 10
35.
The onset of an investigation into allegations of torture is often subject to delays,
especially with respect to medical examinations. And there is no equality of arms in torture
investigations between forensic experts of the State-run Centre for Forensic Expertise and
independent forensic medical experts.
36.
In initiating an investigation into torture by the police, the procuracy, as an arm of the
executive, is faced with an inherent conflict of interest in that it must also work with the police in
combating crime. Indeed, a number of allegations have implicated investigators of the procuracy
in participating in torture in the course of a criminal investigation. In addition, a number of
allegations were received of victims being encouraged by the prosecution to agree to a
plea-bargain agreement without an acknowledgement of any ill-treatment by the police. These
agreements, which are rarely adequately scrutinized by the courts, are entered into by victims in
exchange for escaping time in pretrial detention and further prosecution for their alleged crimes.
The role of the Public Defender in relation to complaints of torture (see paragraph 21) is
relegated merely to transmitting to the procuracy recommendations to institute criminal
proceedings.
37.
The Special Rapporteur observes that there is little evidence of restitution, compensation,
or rehabilitation provided to victims of torture and ill-treatment by the Government. In light of
this, he acknowledges the excellent work that a number of NGOs are undertaking in the field of
rehabilitation and counselling support for victims of torture.
C. Prevention
38.
The Special Rapporteur notes that in the drive to root out corruption and restore the
confidence of the public in law enforcement, the Government had dismissed en masse
approximately 16,000 policemen by July 2004. In August 2004, they were replaced by a fresh
cadre of policemen, or “Patrol Police”, who have been rapidly recruited from among university
graduates and provided with additional resources, including new equipment and vehicles and
improved salaries. Generally, the public has warmly welcomed this initiative. However, there
are concerns that the new recruits do not receive adequate training. In particular, the concerns
relate to the potential, over time, for a return to corruption and abuse by the police given the fact
that in their two-week training programme the recruits are not provided with adequate training
and guidelines on, among other things, human rights safeguards, arrest and use of police
equipment, effective interrogation techniques, and firearms training.
39.
The Special Rapporteur further notes that several mechanisms for visiting places of
detention have been established in Georgia. Article 18 of the 1996 Law on the Public Defender
of Georgia provides unimpeded access by the Public Defender to all places of detention.
Recently, a memorandum of understanding between the Public Defender and the Ministry of
Internal Affairs has sought to strengthen this system of monitoring, including by the
establishment of regionally based monitors, often composed of NGOs, under the coordination of
the Public Defender, to carry out visits. A 21-member public monitoring council appointed by
the President and composed of representatives of civil society was established by decree in
August 2004, pursuant to article 52 of the 1999 Law on Imprisonment. The provision provides,
among other things, that persons authorized by the President are entitled to enter penitentiary
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