E/CN.4/2000/9
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reported to have no right under the law to arrange forensic medical examinations
for their clients in order to establish evidence of physical abuse. The police
or procuracy investigator handling a case has the authority to approve or reject
a detainee's and lawyer's request for a forensic medical examination. A report
or testimony after an examination by a private doctor or other examiner who is
not an employee of the State forensic medical office is reportedly not
acceptable in court to establish the cause of injuries. Detainees have
reportedly no right to be treated or visited by their own doctors while in pretrial detention.
39.
During an investigation, defendants are said to have no access to a judge
to protest alleged ill-treatment: their sole recourse lies with the procuracy.
In practice, the procuracy is said rarely to investigate allegations of torture
and even less frequently to prosecute the police officers allegedly responsible.
40.
Coerced confessions are said to be used by the procurator's office as
evidence to secure convictions at trials. Judges are reported rarely to pursue
defendants' torture allegations. It is also reported that the police beat
individuals to extort bribes from them and family members seeking their release.
41.
The Special Rapporteur has also received information regarding the
conditions of detention, which are said to amount to cruel and inhumane
treatment. It is reported that overcrowding in pre-trial detention centres
forces detainees to sleep in shifts in cells that lack proper ventilation and
light. Some detainees are reported to be extremely thin and malnourished.
Medical attention is said to be denied. The treatment of contagious diseases,
such as tuberculosis, is in particular denied.
42.
The Special Rapporteur advised the Government that he had also received
information on the following individual cases.
43.
Elchin Behudov was reportedly arrested without warrant in Baku on
21 October 1995 on suspicion of concealing information regarding the September
1994 murder of a fellow employee of the Presidential Special Department. He was
reportedly taken to a holding cell in the basement of the Presidential Special
Department, where he remained for two days in incommunicado detention. On the
second day of detention he was reportedly transferred to the Baku City Police
Department (Gorotdel), where he was allegedly beaten when he refused to write a
statement. The police allegedly put a gas mask on his head and started to
asphyxiate him. He reportedly had bruises on his entire body and was later
unable to walk. A procuracy investigator who later saw him reportedly refused to
take action about the abuse. On 3 January 1996, Elchin Behudov was formally
charged under article 186 of the Azerbaijani criminal code with "concealing
evidence of a crime".
44.
Abulfat Kerimov was reportedly arrested in Baku on 16 March 1996. He was
reportedly taken to the fourth floor of Gorotdel. His lawyer reported that his
entire body was covered with bruises and swelling and his eyes were swollen.
Further, he could not pick anything up with his hands or stand on his feet.
Repeated requests by his lawyer to the Procuracy General for a forensic medical
examination of his client were allegedly turned down.
45.
Eldar Agayev was reportedly arrested at his workplace on 23 September
1993. On the tenth day of his detention his wife was reportedly allowed to see
him at the police station in the Twentieth Police Precinct in Nasimi district,
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