Rights and Freedoms of Persons kept in the Places of Detention were
violated. Thus, according to the court decision the arrested person cannot
be kept in the temporary detention place for more than 24 hours and before
this term expires, he/she should be transferred to the investigation isolator
(the period of escorting the persons to the investigation isolator in transport
vehicles is not included into this period)34.
In general, as it is mentioned in the CPT reports, it is essential to the
good functioning of society that the police have the powers to apprehend,
temporarily detain and question criminal suspects and other categories of
persons. However, these powers should not bring with them a risk of
intimidation and physical illtreatment. Reducing that risk to the absolute
minimum without unduly impeding the police in the proper exercise of their
duties is a matter of importance.
The CPT considers that the fundamental safeguards granted to persons
in police custody would be reinforced (and the work of police officers quite
possibly facilitated) if a single and comprehensive custody record were to
exist for each person detained, on which would be recorded all aspects of
his custody and action taken regarding them (when deprived of liberty and
reasons for that measure; when told of rights; signs of injury, mental illness,
etc; when next of kin/consulate and lawyer contacted and when visited by
them; when offered food; when interrogated; when transferred or released,
etc.).35
The arrested persons or prisoners received during the visits expressed
discontent with the quality of legal service rendered by the lawyers at the
state expences within the process of criminal discourse execution and
complained on the absence of measures carried out in this direction.
The existence of certain problems was observed in 2016 year as well in
realization of the rights of persons deprived of liberty regarding their
correspondence in the penitentiary institutions. Such cases are witnessed in
both the penitentiary institutions and investigation isolators. Thus, it was
observed that the applications of persons deprived of liberty sent to their
lawyers, bodies controlling the activity of penitentiary institutions and the
Commissioner, as well as replied from these bodies passed censorship with
break of confidentiality.
The majority of applications from the penitentiary institutions are
received with accompanying letter signed by the heads of the institutions
and a letter sent in a closed envelope to an accused or a convicted person are
added to their personal files after being opened and given to the prisoner for
being acquainted with. Whereas, the complaints addressed by the persons
detained in the penitentiary institution, investigation isolators and temporary
34
35
http://e-qanun.az/framework/23933
CPT, GR 2, paraqraph 40
65
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