E/CN.4/2000/9
page 20
73.
Concerning Zakir Dzhabarly and Dilgam Bairamov (see E/CN.4/1999/61,
para. 61), the Government replied that criminal proceedings were instituted by
the Baku City Procurator's Office on 8 October 1997 following a statement made
on 23 September 1997 in which the two men alleged that they had been insulted
and beaten by members of the police force, sustaining bodily injuries, when they
visited the office of the head of the passport section of the Narimanov district
police station in Baku, in order to ascertain the reason for the illegal
registration of a person in the tram/trolley-bus depot housing scheme. The
Government replied that a forensic examination had been undertaken which
identified bodily injuries inflicted on 22 September 1997, and stated that the
Procurator's Office of Azizbekov district had undertaken an investigation.
However, the proceedings had been halted as it could not be proved that the two
men had been beaten and severely injured by the police officers. After the
proceedings were resumed by the Procurator's Office, they were once again halted
on 26 February 1998, with the endorsement of the Procurator's Office.
74.
Concerning Rafik Shaban ogly Ismailov (see E/CN.4/1997/7/Add.1, para. 9),
the Government replied that on 8 December 1995 he was taken to the district
police station, where he died in the office of the head of criminal
investigations. It stated that the Procurator's Office of Masally district
initiated criminal proceedings under article 168, Part 2 of the Criminal Code,
"exceeding of powers or official authority, accompanied by force, the use of
weapons or intimidating and personally insulting actions against the victim",
and the case was entrusted to the Investigations Department of the Procurator's
Office, which found that the acting head of criminal investigations of the
Masally district police station forcibly took him to the police station in a
manner deliberately exceeding official powers and in serious violation of his
rights. The investigation found that he sustained slight bodily harm as a result
of physical and psychological force at the police station, where he had been
held unjustifiably, and that on that same day, following a sudden deterioration
in the state of his health resulting from cardiovascular insufficiency, a doctor
visited him at the police station. The doctor reportedly recommended
hospitalization, which, the Government stated, did not occur, and one hour later
he died. A forensic examination found that the cause of his death was
cardiovascular insufficiency, and that there was no casual link between his
death and his detention and beating in the police station. At the People's Court
of Masally, the acting police head was sentenced to be relieved of his
functions, but later released pursuant to an amnesty granted by the Parliament
on the occasion of the national day. An appeal was subsequently lodged and the
Supreme Court annulled the prior sentence and sent the case for a new hearing in
the People's Court of Salyany district, which found the acting head was guilty
of an offence under article 168, Part 1 of the Criminal Code and sentenced him
to five years' imprisonment on 21 January 1997. The Government noted, however,
that the acting police head was released under the amnesty without serving his
sentence.
75.
Concerning Taptig Farkhadogly (see E/CN.4/1998/38/Add.1, para. 19), the
Government replied that on 25 November 1996 he filed a complaint with the Baku
Procurator's Office that persons, including the head of the 39th police station
of Sabail district, Baku, beat him on 17 November 1996 near the "Baku"
department store. Thereafter, an investigation was conducted and criminal
proceedings were instituted by the Baku Procurator's office on 28 September
1996, under article 168, Part 2 (see above). The Government indicated that a
forensic examination established that he sustained slight bodily harm. During
the investigation the head of the 39th police station of Sabail district was
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