A/HRC/7/3/Add.2
page 47
communication of a judge and thus aims to guarantee even de facto independence and
impartiality of the judiciary. The relevant provisions of the law ensure that from the
moment of transferring a case to a court until the entering into force of the court’s
decision, as well as at the stage of preliminary investigation, any communication linked
to a concrete case or issue between the parties to the hearings and other interested persons
and a judge, violates the principles of independence and impartiality of the judiciary and
is therefore prohibited. In case of such communication, a judge is obliged to immediately
inform the chairman of the court in writing. Any infringement of the requirements of the
mentioned law by a judge will be considered a violation of the rules of judicial ethics and
will lead to the initiation of disciplinary proceedings against the latter. The law provides
also that an investigator, prosecutor or lawyer must face disciplinary proceedings in
accordance with relevant professional ethics codes in case any illegal communication is
revealed.
203.
As for information on balancing accountability and independence, see also the
information provided in A/HRC/4/33/Add.2., paras 244-245. A judge can be dismissed
only based on a conviction or as a result of disciplinary proceedings. For the latter
purpose a Disciplinary Panel is formed at the High Council of Justice. It consists of six
members, three of which are judges from common courts and are elected to the
Disciplinary Panel by the Conference of Judges upon recommendation of the Chairman
of the Supreme Court of Georgia. Thus the procedure is dealt with exclusively by the
judiciary. The decision of the Disciplinary Panel can be appealed both on substantive as
well as legal grounds to the Disciplinary Chamber of the Supreme Court (consisting of
three Supreme Court judges), which reviews disciplinary cases substance-wise (in the
former system it reviewed issues within the cassation framework only, i.e. the case was
not investigated) and represents the court of the final instance that hears disciplinary
cases of judges. The judges have the opportunity to attend the hearing of their
disciplinary cases by the Panel and the Chamber, to express their position and to defend
themselves either in person or through legal assistance. Therefore the final decision on
disciplinary prosecution of a judge lies in the hands of judges themselves.
204.
The former Code of Judicial Ethics was substantially revised. The current Rules
of Judicial Ethics are in full compliance with the European Standards of Judges’ Ethical
Behaviour. They have been presented to the Association of Judges of Georgia and
adopted by the Conference of Judges on 20 October 2007.
Conditions of detention
205.
Recommendation (i) stated: Non-violent offenders be removed from
confinement in pre-trial detention facilities, subject to non-custodial measures (i.e.
guarantees to appear for trial, at any other stage of the judicial proceeding and,
should occasion arise, for execution of the judgement);
206.
Recommendation (j) stated: Recourse to pre-trial detention be restricted in
the Criminal Procedure Code, particularly for non-violent, minor or less serious
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