2. The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:
(b) Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means.
(a) Summary of information relevant to reviewing the implementation of the article The measures described in the paragraph 2 (b) of Article 32 of the UNCAC are covered by the paragraph “d” of Article 68 (The Special Protective Measures) of the Criminal Procedure Code of Georgia, according to which the types of Special Protective Measures for the Participants in a Criminal Proceeding can be 'special security measures'.
See the information provided with regard to paragraph 2 (a) of Article 32. (b) Observations on the implementation of the article
Article 32 Protection of witnesses, experts and victims Paragraph 3
3. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.
(a) Summary of information relevant to reviewing the implementation of the article In 2010 a new program of protection for criminal case participants (including witnesses, victims and etc.) was elaborated with the participation of UNODC experts and with the support of US Department of Justice in compliance with the provisions of new Criminal Procedural Code of Georgia. Experience of partner countries greatly contributed to the elaboration of this program, adoption of which is pending for 2012. The program itself will be classified.
As regards conclusion of agreements with other states on the issues of witness protection, Georgia has not entered into any such agreement yet as the program itself is not adopted. Nonetheless, Ministry of Internal Affairs of Georgia effectively works on the drafting of the agreement for the purpose of initiation of the negotiation with partner countries.
In addition, it is noteworthy that entering into such an agreement is a bilateral process and depends upon the will of both States. Georgia is willing to continue an effective work in that direction.
(b) Observations on the implementation of the article
The reviewing experts were satisfied with the answers provided. Please see above information regarding the witness protection programme.
Article 32 Protection of witnesses, experts and victims Paragraph 4
4. The provisions of this article shall also apply to victims insofar as they are witnesses.
(a) Summary of information relevant to reviewing the implementation of the article Chapter IX (The Special Protective Measures for the Participants in a Criminal Proceeding) of the Criminal Procedure Code of Georgia regulates the issue of participation in general.
Therefore, insofar as the victims are the witnesses at the same time, the provisions of this Chapter cover all participants in a criminal proceeding, including witnesses as well as victims. (b) Observations on the implementation of the article
Article 32 Protection of witnesses, experts and victims Paragraph 5
5. Each State Party shall, subject to its domestic law, enable the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.
(a) Summary of information relevant to reviewing the implementation of the article According to the legislation of Georgia the views and concerns of victims are presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.
In that respect, according to Article 57 (Rights of a Victim) of the Criminal Procedure Code of Georgia a victim shall have the right:
a) to know the essence of the charge brought against the defendant; b) to testify regarding the damages incurred during the substantial hearing of a case and at the sentencing hearing;
c) to obtain copies of the court order or any other final court decision on termination of criminal prosecution and/or investigation, decision or other concluding decisions of court free of charge;
d) to receive compensation for the costs incurred by him/her for participation in the proceedings; e) to recover his/her property temporarily confiscated for the purposes of investigation and a trial;
f) to request from the prosecutor the application of special measures of protection if his/her life, health and/or property, as well as the life, health and/or property of his/her close relative or member of his/her family are in danger:
g) to receive explanation of his/her rights and duties; h) to enjoy other rights set forth by the Criminal Procedure Code of Georgia.
Criminal Procedure Code of Georgia – Article 57. Article 57. Rights of a victim
A victim shall have the right:
a) to know the essence of the charge brought against the defendant;
b) to testify regarding the damages incurred during the substantial hearing of a case and at the sentencing hearing;
c) to obtain copies of the court order or any other final court decision on termination of criminal prosecution and/or investigation, decision or other concluding decisions of court free of charge;
d) to receive compensation for the costs incurred by him/her for participation in the proceedings; e) to recover his/her property temporarily confiscated for the purposes of investigation and a trial;
f) to request from the prosecutor the application of special measures of protection if his/her life, health and/or property, as well as the life, health and/or property of his/her close relative or member of his/her family are in danger:
g) to receive explanation of his/her rights and duties;
h) to enjoy other rights set forth by the Criminal Procedure Code of Georgia.
The reviewing experts were satisfied with the answers provided. It was notable that the Criminal Procedure Code specifically enumerated the list of victims’ rights.