BURIAL OF ALTERNATIVE EXAMINATION
26 April, 2012
BURIAL OF ALTERNATIVE EXAMINATION

‘People have been deprived of a chance to collect evidence and present them to court.  According to Prime Minister’s enactment population of Georgia is deprived even of a chance to present to court decision of an independent expert in forensic medicine (!).
Alexander Gejadze, head of ‘Vector’, an Independent forensic experts’ bureau: - ‘Vector’ is the only independent center of forensic experts functioning in Georgia that carries out different examinations, including the forensic ones. As soon as our institution was

inaugurated we took a special license from the Healthcare Ministry. The demand was especially high on medical examinations connected with prisoners’ health conditions. We used to establish whether the accused was infirm, needing transfer to a specialized hospital and what’s more we prognosticated what complications could follow and what could be the cause of termination of life in case no treatment was prescribed.
Q. – It is nowhere mentioned in the law that the conclusion of a state expert has any preference.
A. – Yes, that’s right, but nobody explained why the court considers only the conclusion of a state examination. By the way, the court didn’t consider our conclusion in Gvantsa Kuparadze’s case. After it became difficult to find truth in Georgian court, the lawyers’ corps was forced to address the Strasbourg court.
From Strasbourg Georgia received categorical instructions to transfer a certain prisoner to a medical institution or demand to postpone punishment. Negligence of independent experts’ conclusions and non-fulfilment of our recommendations caused fail of Georgia in several suits in Strasbourg. It’s natural that the authorities- called the beacon of democracy- faced inconveniences and they designed a treacherous plan – they removed the only independent expert bureau! 
In December, 2011 Prime Minister issued a decree according to which from January1, 2012 new license requirements came into force – you are deprived of the right to carry out expert examination unless you don’t own material and technical basis and resources obligatory for corpse examination. Namely, an independent examination bureau must own a building with isolated histo-morphological and chemical departments, refrigerator rooms for keeping corpses, halls for carrying out section, etc. First of all, an independent examination bureau won’t manage to meet these requirements as it’s connected with big expenses and even if it manages this, setting up of this infrastructure for independent examination bureau is senseless – examination of corpses in private establishments is very rare.
Lali Mukhashavria, a lawyer: ‘This enactment puts under blow not only the working of independent examination bureau but the main principle of legislation – competition. If a lawyer isn’t given a possibility of carrying out of alternative examination, he won’t be able to present evidence to court. They don’t take into account obvious evidence and you can imagine what they will do without it. With issuing of this enactment people have been deprived of a chance to collect evidence and present them to court.’

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