Recommendations
(E/CN.4/2006/6/Add.3)
Anti-torture Action Plan and
criminal justice reform.
Situation during visit
(See: E/CN.4/2006/6/Add.3)
Non-governmental sources: The
Strategy of Criminal Justice System
Information received in the reporting
period
Government: The Code of Administrative
Offences envisages administrative
detention as a sanction for violation of
relevant provisions of the respective Code.
Article 32 defines that administrative
detention shall be applied to only as a last
resort in cases explicitly defined by the
Code for the term of up to 90 days. Only
judge of relevant city (district court) is
entitled to sentence person to an
administrative detention.
In 2011, the Parliament of Georgia has
prepared new draft Code on
Administrative Offences, with a view to
ensuring its greater conformity with
international human rights standards.
The team of experts revised existing Draft
Code in line with the proposed
recommendations. The draft Code will be
submitted for further expertise to the
Council of Europe in the upcoming weeks.
Non-governmental sources: Reportedly,
the maximum period of punishment for an
administrative offence has increased with
three months. Since the Code of
Imprisonment does not apply to detention
in temporary police isolators,
administrative detainees seem to be
practically deprived of any legal
safeguards and rights, such as regular
contact with the outside world. In addition,
59
A/HRC/19/61/Add.3
Steps taken in previous years
(See: A/HRC/4/33/Add.2,
A/HRC/7/3/Add.2 and
A/HRC/16/52/Add.2)
The Anti-Torture Action Plan was
adopted on 12 June 2008 by Presidential
Decree 301;
On 13 December 2008, the President of
Georgia signed Decree No. 591 creating
the Criminal Justice Reform Inter-Agency
Coordinating Council. Its main objectives
are:
To elaborate relevant recommendations
regarding the Criminal Justice Reform in
line with the principles of the rule of law
and the protection of human rights;
To review and periodically revise the
existing Criminal Justice Reform
Strategy;
To coordinate intergovernmental activities
in the elaboration of the Criminal Justice
Reform Strategy; and
To elaborate proposals and
recommendations regarding issues related
to penal reform, probation, juvenile
justice and legal aid.
The members of the Council are high
level governmental representatives
(deputy ministers and heads of relevant
services); members of the Judiciary, and
the Public Defender of Georgia.
Membership is open to representatives of
international organizations and nongovernmental organizations, as well as to
criminal justice system experts.
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