CAT/C/AZE/CO/4
without prior notice, reports publicly on its findings, and raises with the authorities
situations of detention conditions or conduct amounting to torture or ill-treatment.
The State party should amend its legislation, regulations and policies as necessary to
facilitate the reopening, granting of access to and full functioning of independent
national and international human rights and humanitarian organizations in the State
party. The State party should ensure that representatives of such organizations are
able to carry out independent, unannounced monitoring of all places of deprivation of
liberty, in accordance with their standard operating procedures.
Conditions of detention
24.
While noting the information from the State party on the decrease in the number of
prisoners in correctional institutions and on the improved conditions of detention in
particular in the recently built facilities, the Committee is concerned at the numerous
reports of abuses in custody and deaths in detention, some of which are alleged to have
resulted from torture or ill-treatment. It is also concerned about the inadequate conditions of
detention in prisons Nos. 6 and 14 (arts. 2, 11 and 16).
25.
The State party should take prompt measures to ensure that all instances of
death in custody are promptly investigated and that those responsible for deaths
resulting from torture, ill-treatment or any other illegal actions are prosecuted. The
Committee reiterates its recommendation that the State party should improve the
conditions of detention, in particular in prisons Nos. 6 and 14.
Involuntary placement and conditions in psychiatric institutions
26.
The Committee is concerned about continuous reports of forced confinement in
psychiatric hospitals or of confinement not based on informed consent. While appreciating
the information provided by the State party on the refurbishment and improvement of living
conditions in certain psychiatric facilities, the Committee remains concerned at reports of
verbal and sometimes physical abuse of patients, overcrowding in several mental health
facilities, substandard living conditions (in Ganja and Mashtaga hospitals), insufficient
food, the lack of a proper therapeutic approach and rehabilitative psychosocial activities,
the lack of detailed instructions and of a harmonized registration system in respect of the
use of mechanical restraints and the lack of proper judicial review in cases of involuntary
hospitalization (arts. 11 and 16).
27.
The State party should take measures to ensure that verbal and physical abuse
of patients is eradicated and perpetrators are adequately punished, that all psychiatric
facilities provide decent living conditions to all patients, that all patients are provided
with a sufficiently nutritious diet and the proper amount of food, that each patient has
his or her own treatment plan and access to a full range of rehabilitative psychosocial
activities, that detailed instructions on the use of any type of restraint is issued and
that any use of such restraints is properly registered and monitored, that the
provisions of the National Mental Health Act are duly followed, and that every patient
whose involuntary placement is sought has access to free legal aid, is heard in person
by a competent judge before deciding on placement and is provided a copy of the
court decision.
Violence in the armed forces
28.
The Committee is concerned at the reported prevalence of violence and ill-treatment
of conscripts in the army, commonly called Dedovshchina (hazing or bullying), which has
reportedly led to serious injuries, and of unexplained deaths of conscripts, including
suicides (arts. 2 and 16).
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