A/HRC/4/33/Add.2
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forensic medical examination/state forensic psychiatric examination has been approved and the
respective authority (prosecutor/judge) is under the legal obligation to take it into consideration,
along with the state expertise, when deciding on a suspension of a criminal case. Furthermore,
article 359(2) of CPC states that a court appointed medical and forensic medical expertise is to
be carried out by expert institutions (i.e. state forensic medical institution – National Bureau of
Forensic Expertise) and in exceptional circumstances a specialist or private person of another
institution. An exceptional circumstance would be an alternative expertise as noted above.
230.
Since its charter it has been recently amended, the National Bureau of Forensic
Expertise (hereinafter NBFE) acts in the following context:
•
NBFE is not a structurally subordinated unit of the ministry of justice.
•
NBFE is an entity of public law that, according to Georgian legislation (Law on Public
Legal Entities) and the Charter of NBFE, enjoys considerable independence while carrying out
its duties. In particular, for the realization of its goals and obligations, it acquires the rights and
obligations, signs agreements and is authorized to participate in a trial either as an applicant or
respondent in its own name.
•
Activities of NBFE are based on the principles of rule of law, individual rights and
freedoms, protection of the rights of legal entities, independence of expertise, impartiality, and
multidimensional and substantial research carried out applying the latest scientific and
technological achievements.
•
NBFE has an independent budget, bank account, stamp and other requisites of any legal
entity.
231.
Recommendation (f) stated: Any public official indicted for abuse or torture,
including prosecutors and judges implicated in colluding in torture or ignoring evidence,
be immediately suspended from duty pending trial, and prosecuted;
232.
According to non-governmental sources, no data on this is publicly accessible.
233.
The Government informed that the Human Rights Protection Unit of the Office of the
Prosecutor Service of Georgia is publishing a newsletter, both in English and Georgian, in order
to make the investigation and prosecution of all cases related to torture and ill-treatment public
and transparent. The hard copies of the Newsletters are disseminated to the governmental
agencies, international organizations and non-governmental organizations. Furthermore, the Unit
has a special mailing list which includes international and non-governmental organizations who
receive the electronic version of the Newsletters as well. The Unit also has its own link on the
website of the Prosecution Service of Georgia, where all the newsletters can easily be accessed
either in Georgian or in English (www.pog.gov.ge). The Prosecution Service of Georgia has
been raising awareness about this website through meetings, pressconferences etc. This has been
done for the purpose of attracting the public to visit the website and read in detail about criminal
cases, including information about well-known criminal cases specifically uploaded on the front
page of the website. The Prosecution Service of Georgia further tries to organize
pressconferences regarding the prosecution of every individual public official for allegations of
torture and ill-treatment and to play a preventive role by warning every public official that they
will not be shielded from prosecution and that every person who commits torture or ill-treatment
shall be punished.
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