Article 67 – Grounds for applying a special measure of protection of a participant in proceedings

Special measures of protection of a participant in criminal proceedings may be applied if:

a) the proceedings concern the commission of an act, the public hearing of which, due to its nature, substantially harms the personal life of the participant in proceedings;

b) making public the identity and the involvement in the case of the participant in proceedings considerably endangers his/her or his/her close relative’s life, health or property;

c) the participant in proceedings depends on the accused;


Article 68 – Type of special measures of protection of participants in proceedings, and person responsible for their application

1. The inclusion of a participant in proceedings in a special protection programme is a type of a special measure of protection of participants in proceedings.

2. A prosecutor may, with the consent of the General Prosecutor of Georgia or his/her deputy, apply a special measure of protection of a participant in proceedings and include in a special protection programme a participant in proceedings specified in paragraph 1 of this article or a person who may become a participant in proceedings, or any other person related to the person, and/or his/her close relative, with their consent.

3. The Ministry of Internal Affairs of Georgia shall, in the manner prescribed by a special protection programme for participants in proceedings, apply specific measures of protection with respect to persons specified by paragraph 2 of this article. These measures shall include:

a) taking measures preventing the location (of participants in proceedings) – replacing or removing from the Public Registry or any other public record the data that make it possible to recognise and identify a participant in proceedings, in particular, the participant’s name, address, work place, occupation or other relevant information;

b) changing the identity and issuing new documents – assigning a pseudonym, changing the physical appearance, classifying as secret the procedural and other documents that make it possible to recognise and identify the person;

c) taking safety measures (personal protection, emergency call, etc.);

d) changing temporarily or permanently the place of residence;

e) removing (relocating) to another state.

4. The procedures for including a participant in proceedings in a special protection programme and implementing specific measures of protection shall be jointly determined by the Minister of Justice and the Minister of Internal Affairs of Georgia.

5. Expenses associated with special measures of protection of participants in proceedings shall be borne by the State.