A/HRC/13/39/Add.6
68
specific criminal case and has direct access
to detainees, shall be identifiable; the
Ministry of Internal Affairs of Georgia is
seeking to improve the system of
identification, e.g. through unifying the
identification numbers.
Plea bargain agreements
entered into by accused
persons are without
prejudice to criminal
proceedings they may
institute against allegations
of torture and other illtreatment (d)
Amendments to the CC along with Internal
Guidelines of the Prosecutor General
regarding Preliminary Investigation into
allegations of torture, inhuman and
degrading treatment adopted on 7 October
2005 introduced a number of safeguards,
notably supervision by a judge and
presence of a defence lawyer;
The guidelines also provide that no plea
agreements should be used with respect to
victims of torture and/or with respect to
persons accused of torture, threat to torture
and inhumane and degrading treatment.
No legal-administrative act regulating plea
agreement proceedings exists within the
Office of the Prosecutor General; however,
the Prosecutor has issued Internal
Guidelines of a recommendatory character
as an authoritative guideline for
prosecutors in accordance with
recommendations by international experts.
Forensic medical services be
under judicial or another
independent authority, not
under the same
governmental authority as
the police and the
penitentiary system. Public
forensic medical services
should not have a monopoly
on expert forensic evidence
Forensic services were part of
the police/penitentiary services
On 31 October 2008 the Parliament of
Georgia adopted the Law on a Legal Entity
of Public Law “Levan Samkharauli
National Bureau of Judicial Expertise”,
which entered into force on 1 January 2009
and creates the National Bureau as an
independent legal entity of public law,
rather than an institutional part of the
Ministry of Justice. The President of
Georgia shall appoint the head of the
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
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