A/HRC/4/33/Add.2 Page 41 Service of Georgia: article 194 and articles 332 to 342 of the Criminal Code of Georgia (hereinafter the CCG). Paragraph 65 of article 62 further provides that if there is competition between the Prosecution Service and the investigatory unit of the aforementioned agencies regarding the investigatory discretion, the investigation is carried out by the Prosecution Service. 216. Accordingly, any crime committed by a policeman shall not be investigated by the respective unit of the Ministry of Internal Affairs of Georgia but by a distinct body – the Investigatory Unit of the Prosecution Service of Georgia (including cases of torture, threat of torture, inhuman and degrading treatment). In addition, any case of abuse of power [art. 332 of CCG], exceeding the limits of official authority [art. 333 of CCG] and compulsion to provide explanation, testimony or opinion [art. 335 of CCG] automatically fall under the authority of the Prosecution Service when committed by a policeman or an investigator of the Ministry of Internal Affairs of Georgia. As such, the general standard that the officials concerned (who investigate the alleged case) are not from the same service as those who are subject of the investigation is preserved , since the cases of the torture or ill-treatment by the police fall under the jurisdiction of the Prosecution Service. 217. With regard to the allegations that greater numbers of newly arrived remand prisoners speaking to prison doctors are reluctant to allege ill-treatment by the police, the Government of Georgia would like to note that, as noted in paragraph 209 above, Article 922 of the Law on Imprisonment provides that every person who enters the prison facility shall undergo medical examination. If the person concerned has any physical injuries, he/she is asked by the doctor how he/she has sustained them. The prisoner is not required to give detailed information or the names of the person concerned. The simple statement, that he has received these injuries during the moment of arrest or in the police custody is enough. The aforementioned information is noted in so called “Krebsi” (Daily Notes) of the Penitentiary Department which is automatically transferred (via fax) to the Unit Supervising the Penitentiary Department and Human Rights Protection Unit of the Prosecution Service of Georgia. In accordance with article 263 of CPC (Information regarding the alleged conduct of the crime), this information is sufficient to automatically start a preliminary investigation. Even if the prisoner does not give general information about the basis of his/her injuries, but the medical examination shows that the prisoner has injuries, this information is provided in the Daily Notes along with a short description of the injuries (the body parts, forms, numbers, etc.) and it can be used by the prosecutor to initiate a preliminary investigation. 218. Apart from these, the Human Rights Protection Unit of the Prosecution Service of Georgia (HRPU) conducts independent monitoring of the prison facilities, the results of which also serve as an effective tool to reveal human rights violations of detainees and lead to respective investigations. In particular, in response to the above- mentioned Daily Notes, staff members of the Unit enter an institution to find out if the physical injuries are the results of torture or inhuman or degrading treatment or punishment. In 2006, the HRPU monitored 76 cases. Investigations on the basis of the protocols drawn up by the staff members of the HRPU were initiated in 12 cases. Another investigation mechanism is the monitoring of the prison facilities carried out by the representatives of the Public Defenders Office. The monitoring person/group fill/s out a special form on every individual prisoner and submits it to the respective Prosecution Units (based on territorial jurisdiction) and Human Rights Protection Unit (for supervisory functions) of the Prosecution Service of Georgia. These forms also serve as the basis for initiating a preliminary investigation under article 263 of CPC.