E/CN.4/2006/6/Add.3 page 20 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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