These issues have been expressly underlined in the annual reports by
the Commissioner58 and motioned to the Office of the Prosecutor-General to
take preventive measures against such cases.
During the receptions and in their complaints, the persons subjected to
restraint, particularly, juveniles complained of that in some cases they
cannot meet with their investigators and were able to meet with them only
near to the end of the detention period coming to inform about the extension
of the detention period. Such cases were revealed while reviewing the
relevant records in the investigation isolators.
Furthermore, extension of investigation period in most cases, being a
choice of restraint measures as one of the main elements, the extension of
this period several times lead to over-crowdedness in the investigation
isolators, worsening the custody conditions, and increasing the exposure on
criminality among the juveniles. This underlines the significance of the
broad application of alternative preventive measures.
This issue also was on the agenda during the 56th session of the CAT
held in November, 2015 considering the State Report of Azerbaijan
submitted with regard the relevant Convention.
Aside this, the Article 9 (3) of the International Covenant on Civil and
Political Rights (ICCPR) to which Azerbaijan is a party, states that it shall
not be the general rule that persons awaiting trial shall be detained in
custody.
Moreover, according to this norm, focusing on restraint alternatives of
defendants in criminal cases instead of the conviction and giving privileges
to the juveniles, pregnant women, and women with infants, PWDs and the
elderly are of vital importance.
Also, in the investigation isolators the accused persons complained of
the quality of the legal aid work of the state funded lawyers in the course of
the criminal proceedings and that no steps related have been taken.
Considering the above notes and recommendations made by the UPR
Working Group of the UN Human Rights Council to State Reports of the
Azerbaijani Government, the Commissioner suggests to consider the UN
Bangkok Rules 59 in respect of women.60
judge or other officer authorized by law to exercise judicial power and shall be entitled to
trial within a reasonable time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be subject to guarantees to
appear for trial, at any other stage of the judicial proceedings, and, should occasion arise,
for execution of the judgement.”
58
See the link http://www.meclis.gov.az/?/az/report/77
59
United Nations Rules for the Treatment of Women Prisoners and Non -custodial
Measures for Women Offenders (the Bangkok Rules);
61
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