A/HRC/7/3/Add.2
page 41
of the Council of Europe’s Committee on the Prevention of Torture (CPT) that noncustodial measures are not sufficiently used at the pre- and post-trial stages. 2
Impunity
170.
Recommendation (a) stated: 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;
171.
The Government reported that it continues to inform, through the media and
relevant websites (Ministry of Foreign Affairs of Georgia, www.police.ge, and the Office
of the Prosecutor General of Georgia, www.psg.gov.ge), any prosecutions of public
officials in relation with allegations of torture and ill-treatment. The Interagency
Coordination Council for Carrying out Measures against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment is currently working on the elaboration
of the Draft Action Plan on Fight against Torture, Inhuman and Degrading Treatment or
Punishment for Years 2008-2009. Meetings of the council, held in September 2007, have
been devoted to the discussion of the drafts respectively. The draft explicitly sets out as a
priority the fight against impunity and the implementation of the zero tolerance policy
towards torture, other inhuman or degrading treatment or punishment. These objectives
require several activities, including public support by high-level government officials to
the zero tolerance policy towards acts of torture and ill-treatment.
172.
Recommendation (b) stated: 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;
173.
According to non-governmental sources, there are no provisions in the current
legislation obliging judges and prosecutors to ask persons brought from custody how
they have been treated though the judge and the prosecutor have the right to order an
independent medical examination.
174.
Please see A/HRC/4/33/Add.2, paras. 205-209, for information provided by the
Government.
175.
Recommendation (c) stated: 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;
176.
According to non-governmental sources, an independent body which has the
authority to conduct investigations into all allegations of torture and ill-treatment does
2
Report to the Georgian Government on the visit to Georgia carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 21 March to 2
April 2007, 25 October 2007, CPT/Inf (2007)42.
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