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Investigator’s Resolution for the Search/Withdrawal of Evidence Is Still Necessary

January 14, 2015
 
Interpresnews 

Obligation to have investigator’s resolution to conduct search-withdrawal of evidence is still in force. Nothing was changed in the Criminal Procedural Code in this direction.

The decision was made at the session of the Parliament’s Human Rights Committee on January 13 by the authors of the bill after hearing the critical arguments of the nongovernmental organizations.

According to nongovernmental organizations, if the obligation to provide the investigator’s resolution for the search is abolished, it will violate rights of the detainee.

“The norm about the investigator’s resolution shall not be amended in the Criminal Procedural Code. Besides, we offer to later consider this issue through better analysis and detailed consideration of the court practice and find better formulation for it,” chairperson of the Human Rights Committee Eka Beselia addressed to her colleagues.

One of the authors of the draft amendments MP Gedevan Popkhadze clarified that the amendment was drafted to eliminate the shortcoming in the code. However, as the MP said, arguments and vision of the civil society organizations expose completely different reality. Popkhadze evaluated the position of the CSOs as very exaggerated but noted it is better to keep the old provision in the criminal procedural code and continue discussion about it.

Another author of the draft-law MP Manana Kobakhidze had the same position and said “nobody should have doubt that the parliament adopts the law violating the human rights.”

According to the initiative, which was submitted to the parliament, investigator’s resolution for the search and withdrawal of evidence would not have been obligatory in the case of urgent necessity. In similar situation it would have been enough for the investigator to make oral verification to the detainee about the need of investigative procedure.

The project authors were MPs Manana Kobakhidze, Davit Saganelidze, Gedevan Popkhadze, Zviad Kvachantiradze and Paata Kiknavelidze. 

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