5.2.5. Prisoner hoods and blindfolds International and regional human rights bodies have repeatedly documented the employment of hooding and blindfolding as part of a process of ill-treatment or torture conducted by law enforcement officials. The UN Committee against Torture has stated that blindfolding can constitute torture or other ill-treatment.250 The former UN Special Rapporteur on Torture has noted that “the practice of blindfolding and hooding often makes the prosecution of torture virtually impossible, as victims are rendered incapable of identifying their torturers.” and recommended that “blindfolding and hooding should be forbidden.”251 The European Court of Human Rights has determined that blindfolding a prisoner constitutes cruel or inhuman treatment when used in combination with other interrogation or detention methods,252 and can constitute torture when used with other techniques.253 The CPT has regularly highlighted its concerns regarding specific cases of blindfolding discovered in individual CoE countries. Its 2015 Standards document, states that “from the information gathered over the years, it is clear …that in many if not most cases, persons are blindfolded in order to prevent them from being able to identify law enforcement officials who inflict ill-treatment upon them.”254 Furthermore, the CPT considered that “even in cases when no physical ill-treatment occurs, to blindfold a person in custody - and in particular someone undergoing questioning - is a form of oppressive conduct, the effect of which on the person concerned will frequently amount to psychological ill-treatment.” The CPT has consequently recommended that “the blindfolding of persons who are in police custody be expressly prohibited.”255 The European Convention on Human Rights and Policing, a handbook developed in the framework of a joint programme between the European Union and the Council of Europe, includes CPT policy recommending the prohibition of blindfolding.256 5.2.5.1. Use of blindfolds and hoods in ill-treatment and torture However, despite the consistent prohibition of such practices, the employment of blindfolds, hoods or other means of blocking prisoners’ sight has been documented by the CPT, Amnesty International or Human Rights Watch during 2012-2017 in Azerbaijan257, Bosnia & 250 UN, Committee Against Torture, Concluding observations of the Committee against Torture: Israel, 5 September 1997, A/52/44; UN, Committee Against Torture, Report on Mexico produced by the Committee under article 20 of the convention, and reply from the government of Mexico,. CAT/C/75 (2003), 26 May 2003. 251 UN, Commission on Human Rights, Report of the special rapporteur, Sir Nigel Rodley, submitted pursuant to Commission on Human Rights Resolution 2001/62,. E/CN.4/2002/76, 27 December 2001. 252 Ireland v. United Kingdom, 25 Eur. H.R. Rep. (ser. A) (1978); Ocalan v. Turkey, 37 Eur. Ct. H.R. 238, 222 (2003). [As cited in IRCT, Statement on hooding, International Forensic Group, Torture, volume 21, 3 November 2011]. 253 Aksoy v. Turkey, 1996-VI Eur. Ct. H.R. 2260 (1996); Aydin v. Turkey, 1997-VI Eur. H.R. Rep. 1866 (1997). [As cited in IRCT (2011) op.cit]. 254 CPT, CPT Standards (2015) op.cit., paragraph 38. 255 CPT, CPT Standards (2015) op.cit., paragraph 38. 256 Murdoch, J.& Roche, R. European Convention on Human Rights and Policing, A handbook for police o cers and other law enforcement officials, CoE Publishing, December 2013 p. 84. 257 Human Rights Watch, Tightening the Screws Azerbaijan’s Crackdown on Civil Society and Dissent, 2013. 51

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