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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents