A/HRC/7/3/Add.2
page 54
exist only in 11 penitentiaries out of 16; they have limited resources and capacities; the
members are appointed by the Minister of Justice and are accountable to him; and there
is no effective mechanism for the implementation of their recommendations. The second
institution is ineffective as this group of persons does not act permanently, only some of
them use their authority properly, and there is no clear system of accountability and
feedback from the President.
229.
There are units in the Ministries of Justice and Internal Affairs, and the General
Prosecutor’s Office which are responsible for human rights protection but their activities
are not transparent. While the unit at the General Prosecutor’s Office issued quarterly
public reports on the human rights situation, the most recent bulletin was issued in
December 2006. On the other hand, it should be mentioned that the Public Defender’s
Office does its best in terms of conducting monitoring in all closed institutions, acting in
a timely and effective manner, and reporting periodically.
230.
In the follow-up report of the Special Rapporteur, A/HRC/4/33/Add.2, para.
202, it is mentioned that Government plans to transfer some of the functions of the
Human Rights Service of the National Security Council to an independent body, but the
body has not been created and the above-mentioned interagency anti-torture council is
not a substitution of that body.
231.
According to the Government, work is being carried out within the framework
of the Interagency Coordination Council for Carrying out Measures against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment. In particular, the council
analyzes existing monitoring systems in Georgia (such as the Public Defenders
Office/Ombudsman’s Office, Human Rights Units within the Ministry of Internal Affairs
of Georgia, Penitentiary and Prosecution Services of Georgia, the monitoring
commissions within the penitentiaries). It also discusses examples of NPMs that have
been or are being created in other OPCAT member states. Two meetings of the council
have taken place respectively on 6 September 2007 and 13 September 2007 and the
council shall deliver the results of its deliberations in the near future.
232.
Recommendation (p) stated: All investigative law enforcement bodies
establish effective procedures for internal monitoring and disciplining of the
behaviour of their agents, with a view to eliminating practices of torture and illtreatment;
233.
The Government has provided the Special Rapporteur with detailed information
regarding the General Inspections of the Prosecution Service, the Ministry of Internal
Affairs and the Ministry of Justice, as well as the Code of Ethics of Prosecutors, and the
Code of Ethics of Police (see A/HRC/4/33/Add.2, para 214-218).
234.
Recommendation (q) stated: Law enforcement recruits undergo an extensive
and thorough training curriculum that incorporates human rights education
throughout and that includes training in effective interrogation techniques and the
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