The elements of torture in the Criminal Code of Georgia repeat the elements of the definition given in Article 1 of the UN Convention for the most part. However, there are differences which should be addressed through legal change. Article 1441 of the Criminal Code of Georgia defines torture as ‘exposing a person, his/ her close relative or the person who is dependent on him/her materially or otherwise to such conditions or treating him/her in a manner that causes severe physical pain or psychological or moral suffering, and which aims to obtain information, evidence or confession, threaten or coerce, or punish the person for the act he/she or a third person has committed or has allegedly committed. This Article does not take into account cases when torture is committed with the acquiescence of the official. The Public Defender emphasizes the need for legislative change so that the definition in the Convention against Torture is reflected in the Criminal Code more precisely. Article 1441 should be amended to add that torture may be committed with acquiescence of the public official or the person acting in the official capacity. Due to the absence of such a reference, omissions by public officials or persons that act in the official capacity in cases of torture do not fall within the scope of this article. Under Article 14 (1) of the UN Convention against Torture, ‘each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible’. In order to fulfil the obligations under Article 14 of the Convention, it is necessary to take a range of measures to secure protection for victims of torture. The conception for restoring rights includes restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.14 There are procedural and substantive aspects to the obligations imposed upon states. In order to meet procedural obligations, it is necessary to adopt legislation, create a mechanism for filing complaints, establish the investigative organ and other institutions, including the independent judicial organ authorized to interpret rights and determine compensation for victims of torture. These mechanisms should be accessible for all victims of torture. As regards substantive dimension of the obligation, the state has to make sure that the victims of torture get full and effective reparation, including compensation and to an extent possible, full rehabilitation.15 Provision of legal aid is one of the important elements of protection of victims of torture and inhuman treatment. The question of legal aid at the expense of the state is governed by the Law Concerning Legal Aid. According to this law, public law entity ‘Legal Aid Service’ is responsible for providing public legal aid. Only persons that cannot afford 14 General Comment N3, Article 14 (Compensation and Rehabilitation of Torture Victims), para 2, 13 December 2012. 15 Ibid., para 5. NATIONAL PREVENTIVE MECHANISM (NPM), 2015 23