A/HRC/31/57/Add.3
(f)
In that regard, reconsider the rules governing eligibility for parole and
early release;
(g)
Take steps to ensure that inmates who show signs of mental disability or
illness are removed from prisons and receive adequate treatment in mental health
hospitals; in this regard, the Special Rapporteur recommends that current relevant
laws be amended to allow courts to order such a removal;
(h)
Consider reducing penalties for non-violent offences, in particular drugrelated offences involving the use of rather than trafficking in drugs; instead of
prison, drug users should receive appropriate treatment;
(i)
In that regard, reconsider the feasibility of criminalizing drug use.
114. With regard to safeguards and prevention, the Special Rapporteur
recommends that the Government:
(a)
Guarantee with regard to the backlog of past cases of torture and illtreatment meaningful and effective investigation, prosecution, punishment and
remedy to every case of torture – whether by means of an independent investigating
mechanism, as envisaged in the discussions led by the Inter-Agency Council on
Combating Torture and Other Forms of Degrading and Inhuman Treatment or
Punishment, or otherwise – and ensure that processing the said backlog does not have
an impact on the capacity to respond swiftly to new cases;
(b)
With regard to cases of physical and verbal abuse by law enforcement
officers, ensure immediate and effective investigation, prosecution, punishment and
remedy;
(c)
In that regard, in order to prevent future cases of physical and verbal
abuse by law enforcement officers, take measures to ensure that they receive more
and better training and instructions;
(d)
With regard to the design of an independent investigating mechanism
and to make sure that all voices are heard, ensure the broadest participation possible
of stakeholders in consultations;
(e)
Clarify how the independent investigation mechanism is to interact with
the new department under the Office of the Chief Prosecutor;
(f)
In that regard, consider amending the composition of the department to
include one or more forensic experts, who must be given guarantees of independence;
and, as envisaged in the draft law establishing the department, effectively safeguard
its independence by means of fair and independent appointment and removal
processes;
(g)
Reconsider the date of the entry into force of the amendment to the
Imprisonment Code of Georgia, adopted on 18 May 2015, aimed at removing current
restrictions to the right of members of the Special Preventive Group, acting as the
national preventive mechanism, to bring photographic equipment for the purpose of
documenting torture;
(h)
With regard to the allegations of inmates being unfairly re-charged and
re-sentenced, ensure the rights of all convicted persons to expect an end to their prison
term and to benefit from rehabilitation and reintegration into society;
(i)
In that regard, and with regard to new charges based on allegedly false
complaints, ensure that all allegations of torture and ill-treatment are subject to
prompt and effective investigation;
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