Published December 18, 2023 | Version v1
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THE MECHANISM OF VICTIM RECOGNITION IN GEORGIAN CRIMINAL PROCEEDINGS AND ITS COMPLIANCE WITH INTERNATIONAL STANDARDS

Authors/Creators

  • 1. Grigol Robakidze University

Description

Today, at the international level, significant attention is paid to crime victims’ rights. Since the 20th century, various international and European organizations, such as the United Nations, the Council of Europe, and the European Union, have adopted a number of international instruments. All of them stipulate that victims should have access to the criminal justice system without any barriers. The precondition for accessing criminal proceedings is to be recognized as a victim. This paper will first analyze international and European standards regarding victims’ recognition, then examine Georgian legislation and practice, and finally, conclude whether the Georgian legislation and practice comply with international and European standards.

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Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft №70 2023-42-45.pdf

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References

  • 1. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, United Nations, 29 November 1985. 2. Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA. 3. Recommendation CM/Rec(2023)2 of the Committee of Ministers to member States on rights, services and support for victims of crime, 15 March 2023. 4. Wemmers, J.A., Victims' Rights are Human Rights: The Importance of Recognizing Victims as Persons, Temida, Vol. 15, Iss. 2, 2012, p. 80, https://crcvc.ca/wpcontent/uploads/2021/09/Wemmers__Victims-rightsare-human-rights2012.pdf. 5. Recommendation No. R (85)11 of the Committee of Ministers to Member States on the Position of the Victim in the Framework of Criminal Law and Procedure, 28 June 1985. 6. Brienen, M., Hoegen E., Victim of Crime in 22 European Criminal Justice Systems: The Implementation of Recommendation (85)11 of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure, Nijmegen, 2000, https://repository.wodc.nl/bitstream/handle/20.50 0.12832/2624/ewb-2989-volledige-tekst-dl-1_tcm28- 75458.pdf?sequence=1&isAllowed=y. 7. European Commission, DG Justice Guidance Document Related to the Transposition and Implementation of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 Establishing Minimum Standards on the Rights, Support and Protection of Victims of Crime, and Replacing Council Framework Decision 2001/220/JHA, Ref. Ares (2013)3763804 - 19/12/2013. 8. Tandilashvili, K., Legal Standing of the Victim in the Georgian Criminal Proceedings being in the Process of internationalization, Ivane Javakhishvili Tbilisi State University Press, 2021 (in Georgian). 9. Explanatory memorandum to Recommendation CM/Rec(2023)2 of the Committee of Ministers to member States on rights, services and support for victims of crime, Council of Europe, 15 March 2023
  • 10. Hilf, M.J., New standards through the EU Directive on minimum standards on the rights, support and protection of victims of crime? In Sautner, L., Jesionek, U. (eds.): Victims' Rights in European, Comparative Law and Austrian Perspective, Victimology and Victims' Rights: Publication Series of the Weisser Ring, Research Association Vol. 8, Innsbruck, 2017, pp. 21-22 (in German). 11. Universal Declaration of Human Rights, United Nations, 1948. 12. Report of the Public Defender of Georgia On the Situation of Protection of Human Rights and Freedoms in Georgia 2022, pp. 127-128, https://ombudsman.ge/res/docs/2023033120380187763.pdf (in Georgian). 13. Georgian Young Lawyers' Association, The Forms and Prevention of Torture and Ill-treatment, 2020, p. 6, https://gyla.ge/files/news/ფონდი/ტურნირი/Pr evention%20and%20Forms%20of%20Torture%20and%20Ill-Treatment.pdf. 14. Legal gaps in the investigation of ill-treatment by enforcement officers an crime victims' legal standing in Georgia, Georgian Democracy Initiative, 2018, https://gdi.ge/storage/files/doc/013.pdf (in Georgian). 15. Website of the Special Investigation Service, section 'Functions', https://sis.gov.ge/en/page/functions. 16. Website of the Special Investigation Service, section 'News', https://sis.gov.ge/en/article/the-procedure-for-the-familiarization-with-criminal-case-materials-to-the-interested-citizens-has-been-enacted-inthe-special-investigation-service/207. 17. Website of the Prosecutor's Office of Georgia, https://pog.gov.ge/en/news/saqarTvelos-generalurprokuraturashi-sicocxlis-xelyofis-saqmeebze-dazaralebulTa-sachivrebis-ganmxilv