E/CN.4/2006/6/Add.3
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wounds. One lung was removed and a bullet still remains lodged close to his heart. He is almost
blind in his right eye as a result of the facial injuries sustained. He was transferred to Prison
No. 1 and then to the Prison Hospital. He was later transferred to Prison No. 7, where he is
currently being held. The authorities allege that he was shot while resisting arrest, and he has
been charged under article 19 of the Criminal Code. He has been detained now for almost
one year, and the investigation has been closed for almost eight months. The case has reportedly
been transferred to the Supreme Court. Following the meeting of the Special Rapporteur with
Nodar Dudaev at Prison No. 7 on 25 February 2005, it was clear that he is not well informed
about his legal situation, including what the charges are against him, nor the outcome of the
investigations carried out. It was clear that his serious health condition, exacerbated by cirrhosis
of the liver, warrants immediate provision of appropriate medical treatment and supervision.
Moreover, the fact that he is detained in a cell with seven other prisoners in cramped conditions
is completely inappropriate given the state of his health. The Special Rapporteur appeals on
humanitarian grounds that Nodar Dudaev be transferred to the jurisdiction of South Ossetia,
where he may receive the appropriate medical treatment and supervision.
4.
The Government reported that on 16 March 2004, Nodar Dudaev was arrested by officers
of the Ministry of State Security, following an armed stand-off. The officers resorted to the
legally permitted means to overcome the armed resistance, which consequently caused him
severe injuries. Nodar Dudaev was immediately taken to Gori District Hospital, where he
survived as a result of the timely medical treatment. Considering that the lives of the officers
were endangered by his acts, it was established that they were acting in circumstances of
compelling necessity and did not exceed legal limits. Therefore, there is no ground for the
initiation of a criminal case in this regard, and a decree of 1 September was issued to this effect.
Regarding the medical treatment provided to Nodar Dudaev, on 19 October, he was taken to
Prison No. 7 from the Prison Hospital. A medical examination there found evidence of gunshot
wounds, and a forensic examination found the same. During his detention in Prison No. 7, he
sought and received medical attention several times, including treatment by a cardiologist. He
remains under the supervision of a doctor. Trial proceedings against Nodar Dudaev are under
way. The Government submits that he was ensured all procedural guarantees granted under the
Code of Criminal Procedure and international legal standards. Among other things, he was
informed of the charge against him and was given adequate facilities for the preparation of his
defence, in accordance with article 14 (3) of the International Covenant on Civil and Political
Rights. The Government of Georgia would never have expected to hear an appeal by a
United Nations representative such as the one sent by the Special Rapporteur to transfer him to
the so-called jurisdiction of South Ossetia. Nodar Dudaev was a national of Georgia and
suspected of crimes against Georgian nationals in the territory of Georgia. It is beyond doubt
that the criminal acts which he is alleged to have committed come within the exclusive
jurisdiction of Georgia. South Ossetia forms an integral part of the territory of Georgia and
statements about any kind of jurisdiction of South Ossetia demonstrates disregard for the
territorial integrity of Georgia and seriously undermines the supremacy of the Georgian
Government within the national territory. Exercise of criminal jurisdiction over a territory and
the population living there is one of the principle corollaries of the sovereignty and equality of
States; a principle unanimously recognized by the international community of States, and owes
its origin to the Charter of the United Nations. Respect for the territorial integrity of States and
inviolability of frontiers are principles enshrined in a number of General Assembly resolutions
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