October 2007;
A competitive selection process for judges
is conducted periodically by the High
Council of Justice; training improved,
salaries raised;
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 make explicit that wrongful
interpretation of the law based on intimate
convictions of the judge cannot form the
basis for disciplinary proceedings and the
judge cannot be prosecuted for such
conduct;
On 10 October 2008, amendments to the
Constitution of Georgia merged the
Prosecution Service with the Ministry of
Justice; a new Law on the Prosecution
Service, adopted on 21 October 2008,
incorporated the prosecution service in the
Ministry of Justice; the Chief Prosecutor is
nominated by the Minister of Justice and
appointed by the President;
The Prosecutor General issued Internal
Guidelines dated 26 January 2007
promoting the application of non-custodial
measures in particular bail;
CPC article 159 holds that detention as a
measure of restraint as a rule is not used
towards seriously ill persons, minors,
persons over a certain age (women 60 and
men 65), women who are 12 or more
weeks pregnant or have a baby (of up to
one year), and also towards persons who
Non-governmental sources: The prison
population is steadily increasing. There
are too many people on probation per
probation officer, which limits the
supervisory function of the probation
service to the formal registration
procedure.
71
Government: The number of persons in
pre-trial detention amounts to 2.912. In the
first nine months of 2009, the percentage
of the cases in which pre-trial detention
was applied was between 42 and 52 %.
A/HRC/13/39/Add.6
Non-violent offenders be
removed from confinement
in pre-trial detention
facilities, subject to noncustodial measures (i.e.
guarantees to appear for trial,
at any other stage of the
judicial proceeding, and
should occasion arise, for
execution of the judgement)
(i) and Recourse to pre-trial
detention in the Criminal
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