The Commissioner welcomes legal and institutional reforms taken in
law-enforcement bodies of the country and measures for improvement of the
relevant activity, as well as recommends strengthening control over the
activity in the concerned field and eliminating the impediments.
Along with the applications received by the Ombudsman, during the
visits held to investigation isolators, the accused persons complained of the
fact that while being in TDPs, their applications were not send either to the
Ombudsman or another bodies; bureaucratic hindrances have been created
to criminal investigations commenced by the relevant bodies of the MIA;
they were not able to meet with the investigators during the process of
investigation and as a rule, met when their detention period was extended;
and they were subjected to pressure. It was found that immediately after the
detained person taken into police custody, his relatives or legal
representatives were informed of his/her detention.
Taking into account the abovementioned aspects, it was recommended
strengthening the control over the prevention of such cases and elimination
of the impediments.
Legal reforms taken in the national justice system and measures for the
improvement of the services in penitentiary institutions are welcomed,
however, several steps must be taken in the relevant field.
In 2015, it was also found the violation of confidentiality of
correspondences written by the prisoners to their lawyers or legal
representatives, to the bodies supervising the activity of penitentiary
institutions and to the Commissioner, including the responses which have
been subjected to censorship.
Similar cases have been found in other jails and investigation isolators
as well. Most of the applications submitted by the penitentiary institutions to
the Commissioner were accompanied with a cover letter signed by the
directors of those institutions, and the letter in a sealed envelope sent to the
accused person or a convicted was enclosed to their personal cases only
after opening the envelopes and obtaining the detainees signatures with
regard that the latter was informed of the content of the letter.
The above noted cases breach the Article 8.5 of the Constitutional Law
on Ombudsman and Articles 83.2 and 83.5 of the CEP. This should be noted
that applications, sent to the authorities empowered to supervise the
penitentiary institutions as well as to the Ombudsman, including the
response letters shall not be subjected to censorship and necessary
preventive measures shall be taken.
According to international experience, the right to respect for one’s
private correspondence is also vital importance for ensuring the access of
the information about ill-treatment to the corresponding bodies. States
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