Two researches have been published today by the Open Society Georgia Foundation and the Free University. One reviews the detention standards of a person in the Georgian legislation, and another analyzes the crimes against the judiciary, such as false denunciation, false testimony, etc.
Research of a person detention standards and practices
The research revealed a number of shortcomings in the legislation and practice concerning the detention procedures; definition of rights to a detained person; implementation of investigation activities; justification of relevant decisions made by the court and the prosecutor’s office; medical examination of a person; preventive measures and other problematic issues.
The authors of the research have prepared recommendations on the following issues:
Taking into account the above-mentioned, petition submitted on the detention of a person shall be substantiated by the prosecutor, and in the case of the arrest or detention of a person, decisions made by the judges of the first instance and appellate courts shall be foreseeable and justified.
The recommendations presented as a result of the research will assist the Parliament in rectifying the existing deficiencies in the legislation, and will help the Prosecutor’s Office, the defense side and the court in establishing a uniform and effective practice.
Crimes against the Justice
Analysis of legislation and practice related to crimes against justice revealed some problematic issues. In particular, there are some gaps in the applicable legislation and inconsistent court practice. The competence and qualification of the participants of the criminal proceedings are questionable, and the decisions of the prosecution and courts are not sufficiently justified.
Consequently, the authors of the research have elaborated recommendations according to which amendments shall be introduced to the legislation, and the uniform practices shall be introduced by the law enforcement agencies, prosecutor’s office, the defense and courts in regard to these crimes.
Particular attention shall be paid to the part of the report describing the possibility of imposing a responsibility of a person accused due to committing a crime against the justice. According to the recommendation of the authors of the research, it is unacceptable to take out a process against a person accused due to this action, and it is necessary to introduce relevant legislative guarantees regarding this issue.