A/HRC/31/57/Add.3
II. Legal framework
A.
International level
8.
Georgia is a party to the main United Nations human rights treaties prohibiting
torture and ill-treatment, including the International Covenant on Civil and Political Rights
and the Optional Protocol thereto; the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and, since 2005, to the Optional Protocol
thereto; the Convention on the Rights of the Child; the International Convention on the
Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of
All Forms of Discrimination against Women; and the International Convention on the
Rights of Persons with Disabilities. The State is also a signatory to the Rome Statute of the
International Criminal Court, and a party to the Convention relating to the Status of
Refugees and the Convention relating to the Status of Stateless Persons.
B.
Regional level
9.
At the regional level, Georgia is a member of the Council of Europe. It ratified the
European Convention on Human Rights in 1999 and is subject to the jurisdiction of the
European Court of Human Rights and the European Convention for the Prevention of
Torture, Inhuman and Degrading Treatment or Punishment. Moreover, as a participating
State in the Organization for Security and Cooperation in Europe, Georgia has made a
number of commitments with regard to human rights, rule of law and democratization,
including the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment, freedom from arbitrary arrest or detention, and the right to a fair trial.
C.
1.
National level
Constitutional and legislative provisions
10.
Amended in 2005, the Criminal Code of Georgia defines, in its article 144(1), the
crime of torture as “subjecting a person, his/her close relatives or financially or otherwise
dependent persons to such conditions or such treatment that by their nature, intensity or
duration cause severe physical or mental pain or suffering, and have the purpose of
obtaining information, evidence or a confession, of intimidating, coercing or punishing a
person for an act that he, she or a third party have committed or is/are suspected of having
committed.”
11.
Torture is prohibited under the Constitution of Georgia. Article 17 states that the
honour and the dignity of an individual are inviolable, and that torture, inhuman, cruel
treatment and punishment or treatment and punishment infringing upon honour and dignity
are prohibited. The interpretation of the crime of torture is secured in the Criminal Code of
Georgia.
12.
Article 7 of the Constitution requires the State to recognize and protect universally
recognized human rights and freedoms as eternal and supreme human values. While
exercising authority, the people and the State are “bound by these rights and freedoms as
directly acting law”.
13.
According to article 15, everyone has the inviolable right to life, a right protected by
law. Capital punishment is prohibited. The physical or mental coercion of a person detained
or otherwise restricted in his or her liberty is prohibited.
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