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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