Recommendations
(E/CN.4/2006/6/Add.3)
Situation during visit
(See: E/CN.4/2006/6/Add.3)
(c) All allegations of torture
No mechanism to conduct such
and ill-treatment be promptly investigations independently.
and thoroughly investigated
by an independent authority
with no connection to that
which is investigating or
prosecuting the case against
the alleged victim.
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)
A/HRC/19/61/Add.3
67
Information received in the reporting
period
and /or inform the investigative authorities
if a defendant and /or detainee has
physical injuries.
Government: According to the new Code
Human Rights Protection Units exist in
the Office of the Prosecutor General and on Imprisonment, in case of violation of
the Ministry of the Interior; however they the human rights of inmates, the
convict/pre-trial has the right to file a
are not independent; both agencies also
complaint against the staff of the
have General Inspection Units in charge
penitentiary establishment. A preof ensuring internal discipline (see
trial/convict‘s lawyer, legal representative
below);
or close relative has the right to file a
According to CPC article 62, any crime
complaint as well, if they have a
committed by a policeman shall be
reasonable doubt about violation of an
investigated by the Investigative Unit of
inmate‘s rights or if health condition of an
the Prosecution Service; therefore,
inmate does not allow him/her to file a
investigating officials are not from the
complaint personally. An inmate is also
same service as those who are subject of authorized to file a confidential complaint.
the investigation;
The complaint boxes are placed in every
A Decree of the Penitentiary Department penitentiary establishment, and are
of 7 August 2006 requires every member accessible for all inmates. According to
of the Special Task Force to have
the Code on Imprisonment, complaints on
identification insignia consisting of four
torture, inhuman and degrading treatment
numbers on his/her uniform;
are considered as a special case and shall
Ministerial Order of 19 February 2007
be reviewed immediately with due respect
para. 1 requires heads of territorial and
of confidentiality.
structural units to ensure that every person
In 2010 and 2011, the Penitentiary
in their subordination, who carries out
investigative activities in connection with Department of MCLA proactively
published and distributed 40, 000 and 50,
a specific criminal case and has direct
access to detainees, shall be identifiable; 000 complain forms and envelopes for the
the Ministry of Internal Affairs of Georgia prisoners that also included information
about their rights and procedure for filing
is seeking to improve the system of
a complaint.
identification, e.g. through unifying the
identification numbers.
The investigative jurisdiction of the
Non-governmental sources: Prisoners of Prosecutor‘s Office extends to all crimes if
they are committed by public officials. In
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