A/HRC/7/3/Add.2
page 43
forthcoming on what consideration has been given to require these officers to wear
identification badges.
181.
Please see A/HRC/4/33/Add.2, paras. 214-221, for information provided by the
Government.
182.
Recommendation (d) stated: Plea-bargain agreements made by accused
persons be without prejudice to criminal proceedings that may be institute d for
allegations of torture and other ill-treatment;
183.
According to non-governmental sources, in the follow-up report of the Special
Rapporteur (A/HRC/4/33/Add.2, paras. 224-226), the Government mentioned that the
General Prosecutor’s Office has adopted internal guidelines regarding preliminary
investigations into allegations of torture, inhuman and degrading treatment, which also
contain provisions preventing abuse of plea agreements. Upon application to the General
Prosecutor’s Office, and based on the Freedom of Information Act, non-governmental
sources sought information on the instructions that regulate plea-bargain proceedings.
No answer was received, and upon application to the court, the court, explaining that it
has not received any regulations for plea-bargain agreements, supported the position of
the General Prosecutor’s Office. A subsequent application to the Ministry of Foreign
Affairs was made for all reports and updates that had been sent to the Special
Rapporteur for the period 20 September 2006 to 7 February 2007. The ministry did not
provide the information. Upon application to the court, the Court ordered the ministry to
supply the information. The ministry has not executed the court decision yet.
184.
The Government reported that the existing procedural safeguards within the
criminal legislation of Georgia guarantee the proper application of plea-bargaining and,
in relation to the transparency of the plea agreement procedure, stressed the following:
• both parties participate in the conclusion of any plea agreement;
• the approval of a senior prosecutor is necessary for a conclusion of a plea
agreement;
• the participation of a counsel is mandatory;
• all the plea agreements are examined and granted in court at a public trial
i.e. members of the public are able to attend the trial;
• the court examines the case materials including evidence;
• a judge must be convinced that the accused fully understood the contents
and legal outcomes of the agreement. The consent of the accused is
mandatory;
• the accused has the right to withdraw his/her consent on the conclusion of
the agreement and request the substantial examination of the case after the
conclusion of the agreement before its approval in court (even during the
trial); and
• a judge is authorized to reject the plea agreement.
185.
In accordance with article 679 of the Criminal Procedure Code of Georgia
(CPC), in the process of examining a plea agreement, the court identifies whether the
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