relation to the disease of drug addiction’ in Clause 74-1; and ‘deferral of
serving of pregnant women or women with a child under 14 as well as men
growing their children under 14 lonely to their sentence until the child reaches
14 (this figure was 8 in the previous edition)’ in Clause 79; were mainly
related to exemption from liability for crimes in economic activity with a
mass nature and in relation to drug addiction disease, and came into force as
of December 1, 2017.
In order to prevent application of restriction in relation of the right to
freedom of offenders or violators of law, cooperation with state authorities
and civil society institutes on relevant pillars was performed, and about 50
proposals of the Ombudsman on the relevant sections, in particular those
related to exemption from criminal liability, were taken into consideration in
making amendments to the Criminal Code.
As a prohibiting norm, such provisions as unacceptance of application of
violation, intimidation, deceit, torture and other cruel, inhuman or degrading
acts were added to the Clauses of the Criminal Procedural Code, which are
related to guaranteeing of the right to freedom and the right to privacy,
collection of evidences, and conduction of investigation during criminal trial
action on the detention facilities and criminal cases.
Considering that a vast number of selection of the conclusive action of
arrest on suspects in criminal cases by investigation authorities, a long
duration of investigation of criminal cases, failure of arrested persons, in
particular adolescents to see their investigators for a long time, and
prolongation of the arrest period lead to increase in compactness in
investigation isolators, challenges related to detention conditions, and
inclination to criminal behaviors among adolescents, the Ombudsman offered
application of alternative conclusive actions widely.
It should be noted that these proposals and recommendations were drafted
and raised on the basis of the position of the CAT.
The Ombudsman’s proposals as the NPM were related to establishment
and application of a probation service and were approved by considering their
addition to the Penal Execution Code in Clause 15-1.
By the way, in order to ensure execution of the requirements if the
Executive Order, the Rules for Determination of the Types of Works into
Which Individuals Imposed to the Penalty of Social Works the Places to
Conduct Such Works was approved by Decree No 438 of October 17, 2017 of
the Cabinet of Ministers of the Republic of Azerbaijan. According to this
document, the penalty of social works include implementation of unpaid
socially useful works in favor of the society in free times of the individuals
imposed to this penalty from their key job or education.
61
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents