Situation during visit (See: E/CN.4/2006/6/Add.3) Steps taken in previous years (See: A/HRC/4/33/Add.2 and A/HRC/7/3/Add.2) Information received on steps taken since December 2007/current situation • • • Service guarantees that no governmental body or official, including the PrimeMinister and the President, can repeal legal acts issued by the Minister of Justice and/or officials of the Prosecution Service of Georgia The relevant changes in the Law on the Government of Georgia envisage the establishment of a Penitentiary and Probation Ministry from 1 February 2009, to avoid that the penitentiary and the probation services are under the same ministry The Minister of the Penitentiary and Probation will be a Cabinet Minister accountable to Parliament Illegal decisions by judges were decriminalized by law; amendments to the Law on “Disciplinary administration of justice and disciplinary responsibilities of judges of common courts of Georgia” of 19 July 2007 redefine “gross violation of law” as “violations of imperative norms of the Constitution of Georgia, international conventions and agreements of Georgia and the legislation of Georgia that caused (or could have caused) the substantial damage to the party of the hearing, legal rights and interests of third person or public interests will be regarded as the gross violation of law”; A/HRC/10/44/Add.5 page 30 Recommendations (E/CN.4/2006/6/Add.3)