Situation during visit
(See: E/CN.4/2006/6/Add.3)
Information received in the reporting
period
or degrading treatment, this will not hold
up the plea agreement which was
concluded in compliance with the law
(Article 212.4.)
Non-governmental sources: Detainees are
often afraid to complain about alleged
torture and ill-treatment out of fear of
reprisals, negative consequences for their
possibility to enter into a plea bargaining
agreement or reverse effects on parole.
(e) Forensic medical services Forensic services were part of
be under judicial or another
the police/penitentiary services.
independent authority, not
under the same governmental
authority as the police and the
penitentiary system. Public
forensic medical services
should not have a monopoly
Reportedly, retaliation for complaints of
torture and ill-treatment by prison staff
takes various forms, including in many
cases, persons complaining of abuses
being put under a stricter regime or
threatened that their situation was going to
be worsened in case they complained. The
impediments to complain were reportedly
graver in the prison system. The practice
of plea bargaining in Georgia, where some
80% of all convictions are reportedly plea
bargained and the acquittal rate stands at
the extremely low rate of 0.01%, has an
adverse effect on the launching of
complaints in case of ill-treatment by the
police.
On 31 October 2008 the Parliament of
Government: According to Article 38,
Georgia adopted the Law on a Legal
paragraphs 2 and 9 of the new CPC, the
Entity of Public Law ―Levan Samkharauli medical examination is guaranteed for
National Bureau of Judicial Expertise‖,
every individual upon arrest or detention.
which entered into force on 1 January
According to Article 144 (1) of the Code,
2009 and creates the National Bureau as the medical expertise may be requested by
an independent legal entity of public law, the party of the case, if the possible
rather than an institutional part of the
outcomes of the expertise are important
A/HRC/19/61/Add.3
72
Recommendations
(E/CN.4/2006/6/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)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents