Situation during visit
(See: E/CN.4/2006/6/Add.3)
All allegations of
torture and
ill-treatment be
promptly and
thoroughly
investigated by an
independent authority
with no connection to
that which is
investigating or
prosecuting the case
against the alleged
victim (c)
No mechanism to conduct such
investigations independently
Steps taken in previous years
(See: A/HRC/4/33/Add.2 and
A/HRC/7/3/Add.2)
Prosecutor General regarding
Preliminary Investigation into
allegations of torture, inhuman and
degrading treatment adopted on
7 October 2005 require the
automatic opening of a case if
reports on torture are received and
fix maximum delays for
preliminary investigations
• A Human Rights Protection
Units exist in the Office of the
Prosecutor General and the
Ministry of the Interior; however
they are not independent; both
agencies also have General
Inspection Units in charge of
ensuring internal discipline (see
below)
• According to CPC article 62, any
crime committed by a policeman
shall be investigated by the
Investigative Unit of the
Prosecution Service; therefore,
investigating officials are not from
the same service as those who are
subject of the investigation
• A Decree of the Penitentiary
Department of 7 August 2006
requires every member of the
Special Task Force to have
identification insignia consisting of
Information received on steps taken since
December 2007/current situation
•
Government 2008: Ministerial Order of
19 February 2007 para. 1 requires heads
of territorial and structural units to ensure
that every person in their subordination,
who carries out investigative activities in
connection with a specific criminal case
and has direct access to detainees, shall
be identifiable; the Ministry of Internal
Affairs of Georgia is seeking to improve
the system of identification, e.g. through
unifying the identification numbers
• Figures concerning investigations and
prosecutions for 2008:
Investigation Initiated:
39
Among them 144¹
35
144²
0
144³
4
Investigation terminated
23
On cases initiated in previous year
8
Criminal pursuit initiated
2
Sentenced (persons)
5
A/HRC/10/44/Add.5
page 24
Recommendations
(E/CN.4/2006/6/Add.3)
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