A/HRC/31/57/Add.3 60. The Special Rapporteur notes that, although forensic experts may be invited, none has been included in the composition of the new department, which comprises 10 investigators, four prosecutors and four coordinators. 61. The Special Rapporteur hopes that the new department will offer guarantees of independence in its appointment and removal process, as envisaged in the draft law. 2. Inter-Agency Council on Combating Torture and Other Forms of Degrading or Inhuman Treatment or Punishment 62. The previous mandate holder recommended that allegations of torture and illtreatment should be promptly and thoroughly investigated by an independent authority with no connection to that investigating or prosecuting the case against the alleged victim (E/CN.4/2006/6/Add.3, para. 60 (c)). This idea was further elaborated in the assessment and recommendations of the European Union Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia, Thomas Hammarberg, and the Public Defender of Georgia in 2013, and by the United Nations High Commissioner for Human Rights following her visit to Georgia in May 2014. 63. In response, the Inter-Agency Council, which has operated under the chairmanship of the Ministry of Justice since 2007, is considering a draft law to create an independent investigating mechanism, as proposed by the Open Society Georgia Foundation and the South Caucasus presence of the Office of the High Commissioner. The Council has held policy discussions thereon. The Special Rapporteur notes that the draft law enjoys the strong support of civil society. 64. During his visit, the Special Rapporteur had planned to participate in a meeting of the Inter-Agency Council. After the scheduled meeting was postponed, he decided instead to discuss the proposal with the Minister for Justice, the Minister for Corrections and Deputy Ministers for Internal Affairs, and with representatives of the Office of the Public Defender, the Office of the Chief Prosecutor and of civil society organizations. In addition, he noted the comments made by the previous mandate holder, who was invited as a consultant by the Office of the Council of Europe in Georgia. 65. The Special Rapporteur expresses his strong support for the proposal of an independent investigating mechanism with broad authority to investigate and prosecute cases of torture. 66. With regard to independence and impartiality, the draft law contains important provisions in terms of appointment and removal of the authority (Commissioner) of the new mechanism, distancing the institution from executive, judicial and prosecutorial authorities, in accordance with the Guidelines on European Standards: Effective Investigation of IllTreatment.2 67. The Special Rapporteur notes, nevertheless, that at least two important issues remain to be resolved in the draft law: first, the scope of jurisdiction of the new investigative and prosecutorial authority to be created. He understands that some offences in the Criminal Code, if committed by law enforcement agents, would be the exclusive jurisdiction of the Commissioner. In addition, the Commissioner would have discretionary authority to take over from the Office of the Chief Prosecutor other offences committed by law enforcement agents that are not part of the core group of torture or cruel, inhuman or degrading treatment or punishment. In this context, the Special Rapporteur is concerned at the risk that unduly broad jurisdiction, whether exclusive or discretionary, may make the task of the 2 Eric Svanidze, Effective Investigation of Ill-Treatment, Guidelines on European Standards (Council of Europe, Strasbourg, 2013). 11

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