E/CN.4/2006/6/Add.3 page 15 V. CONCLUSIONS AND RECOMMENDATIONS 57. The Special Rapporteur stresses that the authorities at all levels recognized the problems outlined in this report. He points to positive examples of measures taken by the Government, including: the establishment of monitoring mechanisms to visit places of detention, which included members of civil society; the programme of construction of modern detention facilities to replace existing ones, such as in Rustavi and Kutaisi; and the Government’s willingness to cooperate with international organizations to implement the 2003-2005 Plan of Action against Torture. 58. The Special Rapporteur welcomes developments that have taken place since the conclusion of his visit - some of which were recommended in his preliminary note (E/CN.4/2005/62/Add.3) - including: an amendment to article 144 of the Criminal Code of 23 June 2005 to bring the definition of the crime of torture into line with the Convention, and to be punishable by 7-15 years’ imprisonment; the accession to the Optional Protocol on 9 August 2005; and the recognition of the competence of the Committee against Torture to consider individual complaints as of 30 June 2005. He further welcomes recent amendments to CPC, such as provisions ensuring that in-court testimony prevails over testimony obtained through the course of an investigation; fraud, restriction of rights of the defence, coercion and intimidation are grounds of appeal against a court decision rendered as a result of a plea-bargain agreement; the period of pretrial detention is reduced; and that preference is to be given to measures of restraint of persons facing trial other than detention. 59. During his visit the Special Rapporteur received clear commitments from the Government of Georgia, and was assured that his recommendations would be considered seriously. He sees the visit as the fruitful beginning of a process of cooperation towards the common aim of eradicating torture and ill-treatment in the country. The recent developments highlighted above are evidence of the Government’s cooperation to this end. 60. The Special Rapporteur recommends to the Government of Georgia that: Impunity (a) The highest authorities, particularly those responsible for law enforcement activities, declare unambiguously that the culture of impunity must end and that torture and ill-treatment by public officials will not be tolerated and will be subject to prosecution; (b) Judges and prosecutors routinely ask persons brought from police custody how they have been treated and, even in the absence of a formal complaint from the defendant, order an independent medical examination; (c) All allegations of torture and ill-treatment be promptly and thoroughly investigated by an independent authority with no connection to that investigating or prosecuting the case against the alleged victim;