GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT 17 The GET [the Group’s Evaluation Team] was told that so far property with a value of more than €40 million had been reclaimed which illustrates the commitment of the Georgian authorities not to let officials benefit from crimes committed during their term in office. However, the GET also heard that there have been some concerns about the arbitrariness of the administrative confiscation regime, in that allegedly, only proponents of the previous administration were being targeted. There was also concern about the lack of transparency in the destination of confiscated property in that it was unclear to whom this property was being transferred (in case of existence of a legitimate owner of the property) or sold (in case of transfer to the State) and as to whether anyone other than the State stood to benefit from it. The Georgian authorities however informed the GET after the visit that the perceived lack of transparency in the destination of the confiscated property had been addressed, inter alia by abolishing the special state fund to which this property was allegedly transferred and that the value of the property confiscated was reflected in the State budget. Although the GET was not in a position to assess whether the aforementioned concerns are still prevalent, it considers that any doubt about the legitimate use of administrative confiscation must be avoided. The GET therefore observes that the Georgian authorities should ensure the utmost transparency in the use of administrative confiscation to avoid any impression that this mechanism is being misused.” H. The Organisation for Economic Co-operation and Development (OECD) on anti-corruption measures in Georgia and on the global level 70. On 21 January 2004 the OECD’s Anti-Corruption Network for Transition Economies (“the ACN”) issued the following recommendation, referred to as “Recommendation no. 9”, to the Georgian authorities: “9. [to] consider amending the Criminal Code to ensure that the confiscation of proceeds applies mandatory to all corruption and corruption-related offences. Ensure that the confiscation regime allowed for confiscation of proceeds of corruption, or property the value of which corresponds to that of such proceeds or monetary sanctions of comparable effect, and that confiscation from third persons is possible. Review the provisional measures to make the procedure for identification and seizure of proceeds from corruption in the criminal investigation and prosecution phases efficient and operational. Explore the possibilities to check and, if necessary, to seize unexplained wealth.” 71. In June 2004 the ACN had already commended the Georgian authorities for having promptly undertaken a number of anti-corruption measures, including on the legislative level. The relevant excerpt from the Addendum to the Summary Assessment and Recommendations, which was endorsed on 17 June 2004, reads as follows: “Despite a very short time since the January review, Georgian updated report informs of a number of important changes in the national legislation, some of which are related to the January recommendations. The main changes are summarised below: ...