The Division of Human Rights Protection, the Office of Prosecutor General of Georgia, has prepared a recommendation on appropriate qualification of the instances of maltreatment committed by an official or a person holding an equivalent position. The document reviews the problematic issues related to differentiating Articles 333, 1441, 1442, 1443 of the Criminal Code of Georgia, shortcomings in the practice of common courts with respect to qualification of maltreatment, and major standards established by the European Court of Human Rights.
The recommendation aims to facilitate employees of the Prosecutor’s Office determine qualification when launching an investigation into maltreatment cases and plan effective strategy for subsequent investigation. The recommendation, positively evaluated by an expert from the Council of Europe, whose remarks and recommendations were taken into account, was forwarded to prosecutors on March 10, 2017, with the aim to introduce in practice.
Monitoring of the implementation of the recommendation on qualification of the cases of maltreatment committed by an official or a person holding an equivalent position was carried out in 2018. The reporting period was 10 months of the year of 2017 and 11 months of the year of 2018. As a result of the monitoring, prosecutors more actively use guidelines in practice, the rate of correct legal qualification and prosecution of maltreatment cases has been increased significantly than in previous years. Moreover, Investigation Unit of the Office of Prosecutor immediately launches investigation upon receiving a report of maltreatment. Every possible investigative action, - such as interviewing the witnesses, identity parades, search and seizure, request of documentation, scheduling and carrying out forensic examinations, seizing video recordings, etc., - are carried out within tight deadlines.