On the basis of a 2004 Memorandum of
Understanding between the Ministry of
Interior and the Public Defender,
representatives of NGOs authorized by the
Ombudsman can enter temporary detention
facilities without prior notice; although the
possibility of sending reports to the
Prosecutor’s office is provided, this has not
been done in more than three years.
The Office of the Public Defender (PDO)
was officially designated as a National
Preventive Mechanism (article 31 (1)),
being expressly obliged to cooperate with
all relevant international human rights
bodies/institutions in line with the NPM
mandate and creation of the National
Preventive Group (article 31 (3 )); (2)
Adequate resources to be provided for
carrying out its mandate (article 31 (2));
(3) Unimpeded access to all places of
detention, access to relevant information
and right to conduct private interviews
(article 19 (1) and (2)); Confidentiality
criteria: respect towards
confidential/private data of detainees
(article 19 (3)); (4) Expertise and
professionalism of the members of the
National Preventive Group; (article 191
(2)); (5) Right to make recommendations,
including the presentation of the NPM
report before the Parliament of Georgia
(article 21); and (6) Privileges for the
members of the National Preventive
Group: they have a right withhold giving
testimony concerning the facts that were
provided to them during the
accomplishment of their functions; (article
191 (5)).
The Office of the Public Defender has
been provided with additional financial
resources to cover respective NPM
expenses. The Office has recently opened a
call for the selection of experts for the
National Preventive Mechanism.
All investigative law
enforcement bodies establish
effective procedures for
Law enforcement agencies, namely the
Ministries of Justice and Interior and the
Prosecution Service, have so-called
A/HRC/13/39/Add.6
74
and the criteria for the appointment of the
Members; Ministry of Justice Decree No.
2190 sets out the corresponding rules;
Local Monitoring Commissions may enter
a penitentiary institution at any time
without prior notification of the prison
administration to conduct monitoring,
receive complaints etc;
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