should ensure the right of a prisoner to his private correspondence to the
related authorities.
CPT considers ensuring the correspondence about any claims of illtreatment or the information to the corresponding authorities and taking
additional measures in this regard. Thus, “apart from the possibility for
persons to lodge complaints directly with the agency, it should be
mandatory for public authorities such as the police to register all
representations which could constitute a complaint; to this end, appropriate
forms should be introduced for acknowledging receipt of a complaint and
confirming that the matter will be pursued”.55
The outcomes of the monitoring of the application of instruments of
restraint as well as the analysis of the legislation show that the institution
controllers can abuse their powers during application of such special
instruments. This closely interlinked with the lack of the related legal norms
and to this end, the possibility of persons in police custody to be subjected
to ill-treatment or punishment increased.
In this regard, the Commissioner recommends bringing “the Guidelines
on Security Measures and their Application in the Penitentiary System of
Azerbaijan“ in comply with the UN Standard Minimum Rules for the
Treatment of Prisoners, European Prison Rules and the CPTs standards in
relation to determining the duties of the penitentiary staff members while
applying such an instrument of restraint as well as the application
methods.56
The complaints addressed to the Ombudsman by the prisoners also
reflect the impediments with regard to bureaucratic hindrances to the access
to lawyers and the fact that despite an agreement about legal aid exists
between the requested person and a lawyer, it was required a letter of
authorization issued by the Penitentiary Service. It is necessary to eliminate
such cases and to take preventive measures.
During the visits to investigation isolators held by the NPG, it was
found that the criminal investigation authorities more and more have
ordered the measure of restraint for the accused persons.
Taking into account the abovementioned, the Commissioner considers
necessary to focus on restraint alternatives of defendants in criminal cases
instead of the conviction,57 particularly, juveniles, pregnant women, and
women with infants, PWDs, and the elderly must be given privileges.
55
14th General Report on the CPT's activities, CPT/Inf (2004) paras. 28-38
UN Standard Minimum Rules for the Treatment of Prisoners, para. 33; European
Prison Rules, paras. 68.2 and 68.3;
57
Article 9 (3) of the International Coventant on Civil and Political Rights states
that “Anyone arrested or detained on a criminal charge shall be brought promptly before a
56
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents