Recommendations
(E/CN.4/2006/6/Add.3)
on expert forensic evidence
for judicial purposes.
Situation during visit
(See: E/CN.4/2006/6/Add.3)
Government: No special license
requirement is envisaged for forensic
medical expertise services. Under the
present legislation, forensic expertise can
be carried out by a medical institution
with a relevant medical license. Any
person having completed higher medical
education and owning a state certificate in
forensic medicine can work as a forensic
expert. There is a right to conduct
alternative forensic medical expertise on
one‘s own expenses.
- Several forensic expertise bureaus exist
in the country, including one public legal
entity and other private ones.
Article 183 CPC provides that a suspect
can be suspended from duty by a judge if
some pre-conditions are fulfilled.
Para. 1(4) of the Anti-Torture Action Plan
aims at the implementation of the rule that
any public official charged with abuse or
torture shall be suspended from duty.
Information received in the reporting
period
for the resolution of the case.
The judicial expertise is being carried out
by the ―Levan Samkharauli National
Bureau of Judicial Expertise‖ which is an
independent legal entity of public law.
Action Plan for 2011-2013 on combating
ill-treatment stipulates activities for
enhancement of professionalism of
Samkharauli Medical Forensic Agency
staff in accordance with the Istanbul
Protocol.
Government: In relation to the case of illtreatment of a prisoner R.P. in the
Penitentiary Establishment No. 2 in
Kutaisi, the prosecutor‘s office
commenced investigation based on Article
144.3 (b) and 333 (b). In course of
investigation, two employees were
suspended from duty. On 22 August 2011,
two Kutaisi Penitentiary Establishment
73
A/HRC/19/61/Add.3
(f) Any public official
None
indicted for abuse or torture,
including prosecutors and
judges implicated in colluding
in or ignoring evidence, be
immediately suspended from
duty pending trial, and
prosecuted.
Steps taken in previous years
(See: A/HRC/4/33/Add.2,
A/HRC/7/3/Add.2 and
A/HRC/16/52/Add.2)
Ministry of Justice. The President of
Georgia shall appoint the head of the
National Bureau, who shall present the
statute of the National Bureau to the
Government for approval;
Fees for forensic expertise are defined by
governmental decree; as a legal entity of
public law, the National Bureau is entitled
to carry out remunerated activities as
noted in its statute.
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