A/HRC/31/57/Add.3 14. According to article 43, the protection of human rights and fundamental freedoms within the territory of Georgia is monitored by the Public Defender of Georgia (Ombudsman), who is elected for a term of five years by the majority of the total number of the members of the Parliament of Georgia. The Public Defender is authorized to identify the facts of the violation of human rights and freedoms and to report on them to the relevant bodies and officials. Acts aimed at obstructing the activity of the Public Defender are punishable by law. 15. While not in itself less protective than the definition provided by article 1 of the Convention against Torture, the definition of torture given in paragraph 10 of the Criminal Code differs in some respects. Where the former provides an inclusive list of purposes, the list provided in the Criminal Code is exclusive. In addition, the definition of the perpetrator/s in Criminal Code article 144(1) is different, in that it does not state that “pain or suffering” may be, inter alia, “inflicted […] at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. 16. Under the Criminal Code, the crime of torture is punishable by imprisonment of 5 to 10 years and/or a fine. 17. In aggravating circumstances, the crime is punishable by the deprivation of liberty from 9 to 15 years and temporary disqualification from certain posts or professional duties for up to five years (art. 144(1), part 2). Aggravating circumstances include torture committed by “an official or a person equated to an official” or carried out “on the grounds of racial, religious, national or ethnic intolerance”. 18. Threatening with torture is punishable by up to two years of imprisonment (art. 144(2)). 19. Article 144(3), on “Inhuman and degrading treatment”, prohibits “humiliating or coercing” by putting a person in “inhuman and degrading conditions leading to intense physical, mental or moral suffering”; such acts are punishable by a fine and/or deprivation of liberty of up to five years. In aggravating circumstances (the same as mentioned above), the crime is punishable by four to six years of imprisonment and/or a fine, as well as temporary disqualification from certain posts or professional duties for up to five years. 20. There is no separate act dealing with the investigation of torture or other issues related to ill-treatment; these are generally covered by the Criminal Code. According to the order of Minister of Justice, the Office of the Chief Prosecutor is the body responsible for dealing with cases and allegations of torture allegedly committed by law enforcement representatives. 2. Safeguards during arrest and detention 21. By virtue of article 18 of the Constitution and of Criminal Code articles 38 and 174, Georgian law provides guarantees against torture and other forms of ill-treatment during arrest and detention. Arrested (detained) persons are, before any questioning and immediately upon their arrival in a relevant institution (in a temporary detention isolator), informed of their rights to defence counsel, to remain silent, against self-incrimination and to undergo medical examination free of charge in cases of detention or arrest. Furthermore, together with the right of an arrested individual to undergo a medical examination free of charge and to receive a written report thereon immediately, the person is also authorized, at any time and at his or her own expense, to undergo an immediate medical examination by a doctor or expert of his or her choice. 22. The defendant has the right to notify, immediately upon arrest or detention, a family member or close relative, of the arrest or detention, and of his or her whereabouts and state or condition. 5