A/65/44 Conditions in places of deprivation of liberty and deaths in custody (13) The Committee welcomes the efforts made by the State party to improve conditions in penitentiary institutions and remand facilities, including the significant improvements in the conditions of detention for persons serving life sentences, increasing the number of visits, telephone calls and amount of monthly allowance, and establishing medical units. The Committee also welcomes the construction of new prisons in Shaki, Ganja, Lenkaran, Nakhchivan and other regions, as well as construction of remand centres, such as the one in Baku, in order to improve the conditions for detainees. Nevertheless, the Committee remains concerned at the number of deaths and suicides committed by inmates and at the alleged restrictions on independent forensic examination into the causes of such deaths. It is also concerned at allegations of the State party’s use of prolonged solitary confinement (art. 11). The State party should promptly, thoroughly and impartially investigate all incidents of death in custody and prosecute those found responsible for any deaths. The State party should provide information to the Committee on any cases of death resulting from torture, ill-treatment or wilful negligence leading to any of these deaths. Families of victims should be provided with adequate compensation and rehabilitation. The State party should limit the use of solitary confinement as a measure of last resort, for as short a time as possible, under strict supervision and with the possibility of judicial review. The State party should also identify reasons leading prisoners to committing suicide, provide appropriate remedies and review the legislation in this regard. It should allow independent forensic examinations and accept their findings as evidence in criminal and civil cases. (14) The Committee remains concerned that the remand centre of the Ministry of National Security continues to operate and is being used for detention of convicted persons (art. 11). The Committee reiterates its previous recommendation that the State party should transfer the remand centre of the Ministry of National Security to the authority of the Ministry of Justice, or discontinue its use. Involuntary placement in psychiatric institutions (15) The Committee is concerned about numerous reports of forced confinement in psychiatric hospitals in Nakhchivan, of persons for reasons other than medical (arts. 11 and 16). The State party should take measures to ensure that no one is involuntarily placed in psychiatric institutions for reasons other than medical. Where hospitalization is required for medical reasons, the State party should ensure that it is decided only upon the advice of independent psychiatric experts and that such decisions can be appealed. (16) The Committee is concerned about poor conditions in psychiatric institutions outside Baku. It also notes with concern the absence of an independent body to monitor conditions in psychiatric institutions (arts. 11 and 16). The State party should establish an independent monitoring and inspection system for such facilities. It should improve the living conditions for patients in psychiatric institutions, and ensure that all places where mental health patients are held for involuntary treatment are regularly visited by independent monitoring bodies to guarantee the proper implementation of the safeguards set out to secure their rights. 14 GE.10-44721

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