A/HRC/4/33/Add.2 Page 38 particular, the police may use force to restore public order, arrest a suspect who put up a resistance; to protect the public and individuals from an imminent threat. At the same time, police should use force only when strictly necessary and to the extent required for the performance of their duty. Furthermore, the draft Manual provides for a so-called “Continuum of the Use of Force.” In particular, police officers should, to the extent possible, use an escalating scale of options and not employ more forceful means unless it is determined that a lower level of force would not be, or has not been, adequate. It sets downs detailed rules on each level of force, and entails disciplinary and criminal responsibility for their violation. The drafting of the Manual is at an advanced stage. Upon entry into force the Manual will regulate the use of force during “special operations.” 202. With respect to the need of an official evaluation of the Anti-Torture Action Plan of 2003-2005 and the possible adoption of a new anti-torture action plan, the Government of Georgia is now considering the development of the new plan of action, as there exists a political consensus that such a document shall be drafted and adopted. The Government will provide further information regarding the final decision as well as the drafting of procedural guidelines as soon as the details of the strategy will be finalised. At the same time, it is important to have an official evaluation of the 2003-2005 Action Plan, although certain aspects of the Plan has been covered in various reports and documents prepared by the respective authorities to be submitted to human rights treaty bodies and international organizations. Unfortunately, due to institutional changes, especially with regard to the Human Rights Service, the National Security Council (NSC) was unable to continue the monitoring of the implementation of the plan. As one of the distinctive features of the Anti-Torture Action Plan, the monitoring agency shall be independent and impartial from other governmental bodies and the evaluation of the 2003-2005 Action Plan as well as the new anti-torture action plan shall be within the competence of a similar independent and impartial monitoring body. Since the decomposition of the Human Rights Service of the NSC, the aforementioned function has not been transferred fully to any other agency. Consequently, the Government of Georgia is currently considering the creation of an alternative independent and impartial institution, charged with similar functions and activities that will take the lead role in this sphere. 203. Recommendation (b) stated: Judges and prosecutors routinely ask persons brought from police custody how they have been treated and, even in the absence of a formal complaint from the defendant, order an independent medical examination; 204. According to non-governmental sources, article 73 of the Criminal Procedure Code enumerates the rights of suspects, including the right to request, free of charge, a medical examination and respective written conclusions from the moment of one’s detention or the delivery of the ruling. At first sight, this article can be understood to grant a person the right to request a medical examination, and if she/he does so, there is no right to deny it. However, the provision of the medical examination mentioned above is followed by a sentence stating that the denial of the appointment of medical experts can be appealed before the regional (city) court, which appears to imply that the request can be denied. 205. The Government informed that, notwithstanding the positive amendments to article 73(f) of the Criminal Procedure Code (CPC), the right to an independent medical examination within the provision is not absolute and can be denied. The right to medical examination is guaranteed under article 73(f) of the CPC as amended on 13 August 2004. According to this