- Doctors, police officers, employees of the State Security Service and the "112" Public Security Management Center should be required by law to immediately inform the State Inspector in case of suspicion of torture, other cruel, inhuman or degrading treatment or other violent acts;
- Determine the obligation of a judge considering a case of an administrative offense to contact the State Inspector’s Service in case of suspicion of torture, other cruel, inhuman or degrading treatment or other violent actions by law enforcement officials during the consideration of the case;
- Authorize the State Inspector to submit to the Prosecutor General a reasoned proposal on transferring a criminal case closely linked to the case being investigated by the State Inspector’s Service;
- Determine the obligation of other investigative bodies to immediately ensure provision of the materials of the criminal case being investigated by the State Inspector Service at its request;
- Reduce from 72 hours to 24 hours the period for consideration of a reasoned proposal of the State Inspector and the respective Deputy State Inspector by the supervising prosecutor and the Prosecutor General on the expediency of conducting investigative / procedural actions that should be carried out on the basis of the court decision;
- Consider the responsibility of the supervising prosecutor and the Prosecutor General to substantiate a decision rejecting or partially satisfying the reasoned proposal of the State Inspector and the respective Deputy State Inspector;
- Grant the Investigators of the State Inspector’s Service the right of unhindered access to temporary detention isolators without the permission of the head of the institution;
- Set limited timeframe for submitting evidence to the State Inspector Service (10 working days) and oblige all persons and bodies to substantiate the refusal to submit evidence to the Service and / or provide the Service with information on the reasons for submitting evidence in violation of the timeframe;
- Provide for the possibility of carrying out covert investigative actions on crimes falling under jurisdiction of the Service (Article 1442 (threat of torture) and Article 378, part 2 (obstruction of the activities of the penitentiary institution and / or disorganization of this activity));
- Authorize the Service to conduct computer, video, phonoscopic and habitoscopic examination on criminal cases falling under the jurisdiction of the Service;
- Authorize the State Inspector’s Service to conduct qualification examinations for its investigators, etc.
The developed legislative package responds to the legislative and practical challenges (discussed in detail in the 2020 activity report submitted to the Georgian parliament on March 31, 2021), as well as recommendations put forward in the study “Independent Investigation Mechanism in Georgia - Achievements and Challenges” - carried out by the non-governmental organizations - Institute for the Development of Freedom of Information (IDFI) and the Social Justice Centre.
International organizations also point to the need to support and strengthen the State Inspector’s Service. In particular, further institutional and functional strengthening of the Service is highlighted in the decision of the Committee of Ministers of the Council of Europe on the Tsintsabadze Group of cases in 2020, as well as in the recommendations made during the review of the report on the national human rights situation in Georgia, carried out within the framework of the UN Universal Periodic Review on January 26, 2021.
The State Inspector’s Service hopes that the Parliament of Georgia will support the submitted legislative proposal and the institutional strengthening of the Service.