A/HRC/7/3/Add.2 page 43 forthcoming on what consideration has been given to require these officers to wear identification badges. 181. Please see A/HRC/4/33/Add.2, paras. 214-221, for information provided by the Government. 182. Recommendation (d) stated: Plea-bargain agreements made by accused persons be without prejudice to criminal proceedings that may be institute d for allegations of torture and other ill-treatment; 183. According to non-governmental sources, in the follow-up report of the Special Rapporteur (A/HRC/4/33/Add.2, paras. 224-226), the Government mentioned that the General Prosecutor’s Office has adopted internal guidelines regarding preliminary investigations into allegations of torture, inhuman and degrading treatment, which also contain provisions preventing abuse of plea agreements. Upon application to the General Prosecutor’s Office, and based on the Freedom of Information Act, non-governmental sources sought information on the instructions that regulate plea-bargain proceedings. No answer was received, and upon application to the court, the court, explaining that it has not received any regulations for plea-bargain agreements, supported the position of the General Prosecutor’s Office. A subsequent application to the Ministry of Foreign Affairs was made for all reports and updates that had been sent to the Special Rapporteur for the period 20 September 2006 to 7 February 2007. The ministry did not provide the information. Upon application to the court, the Court ordered the ministry to supply the information. The ministry has not executed the court decision yet. 184. The Government reported that the existing procedural safeguards within the criminal legislation of Georgia guarantee the proper application of plea-bargaining and, in relation to the transparency of the plea agreement procedure, stressed the following: • both parties participate in the conclusion of any plea agreement; • the approval of a senior prosecutor is necessary for a conclusion of a plea agreement; • the participation of a counsel is mandatory; • all the plea agreements are examined and granted in court at a public trial i.e. members of the public are able to attend the trial; • the court examines the case materials including evidence; • a judge must be convinced that the accused fully understood the contents and legal outcomes of the agreement. The consent of the accused is mandatory; • the accused has the right to withdraw his/her consent on the conclusion of the agreement and request the substantial examination of the case after the conclusion of the agreement before its approval in court (even during the trial); and • a judge is authorized to reject the plea agreement. 185. In accordance with article 679 of the Criminal Procedure Code of Georgia (CPC), in the process of examining a plea agreement, the court identifies whether the

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