This regretfully should be noted that as it was stated by the NPM in
past years, some norms of the Annex No. 4 to the Regulations of Garrison
and Guard Services of the Armed Forces, regulating the detention in
guardhouses, which did not met international standards are still in force. 61
Hence, in 17 and 21 paras. of the noted Annex, soldiers and officers are
discriminated between. According to some norms soldiers (sailors) should
not be provided with beddings and can only sleep on a bed without mattress,
whereas unlike them, officers and ensigns should be provided with mattress
and other beddings.
Furthermore, the para. 19 is also not in comply with international
standards, because according to this norm, soldiers (sailors) administratively
detained and held in common cells (many detainees are held together) of the
guardhouse are involved into 10 hours chores during a day. Despite fact that
these norms are not at present applied in the practice, it is undesirable to be
this Annex in the force and it deemed necessary to make amendments by
reviewing the document.
In addition, this should be noted that the appropriate package of
proposals has been prepared to amend the Cabinet of Minister’s draft
decision on Approval of the IDR of Centers for Irregular Migrants, draft law
of the Republic of Azerbaijan on Status of Refugees and IDPs as well as
Migration Code with regard to implementation of the National Action Plan
on Fight against Human Trafficking in Azerbaijan for 2014-2018 years and
sent to different authorities, most of which were taken into consideration.
In addition, the draft law of the IDR of Centers for Irregular Migrants is
currently under review. The approval of these Rules is of vital importance
from the perspective of determining the rules in relation to the regime of
custody condition, ensuring the rights of detainees and fulfillment of the
staff duties in such institutions.
60
Report of the UN Working Group on the Universal Periodic Review dated 5th
July 2013, (para. 109.95);
61
According to the Law on Approval of the Regulations of Garrison and Guard
Services of the Armed Forces, The Regulations came into force on the 1st January, 1995
62
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