CHAPTER 3.
Legal Analysis
One of the directions of activity of the National Preventive Mechanism
of Azerbaijan is legal analysis of the information obtained in the process of
preventive visits and legal awareness events. The theoretical-practical
analyze of undertaken activity, as well as of gathered information on this
activity, also of received recommendations, or draft legislative acts,
summarization of obtained results is carried out in the legal analysis
process. The Article 19 of the OPCAT enshrines the right of the NPM to
submit proposals and observations concerning existing or draft legislation.
Efficient organization of legal analysis in 2016 year as well was one of
the main standing tasks within the frames of the Commissioner’s activity as
the NPM. As in previous years, in 2016 as well, the recommendations and
proposals were worked out for improvement the results of activities realized
for ensuring the prevention of torture and existing normative – legal base.
Alongside with the reception of persons deprived of liberty during the
visits and complaints addressed to the Commissioner, the applications
received by the 24/7 Hot-Line on illegal detention in the police and torture
are the sources of information for legal analysis.
During the reception of detainees, as well as carried out investigations it
was determined that the representations on choosing the arrest measure with
regard the persons accused by the investigation bodies upon the criminal
cases covered minors, women, aged persons, as well as ill persons from the
standpoint of large number in comparison with other groups of
population.The long-term conduction of investigation of criminal cases in
the many of cases was the matter in the focus of attention.
All these, choosing the restraint method of arrest, several times
prolongation of its term cause to overcrowding in the investigation isolator,
difficulties regarding the detention conditions, increasing inclination among
juveniles to criminal behavior and spending of sufficient state amounts. This
puts forward wider application of alternative restraint measures.
In 2016, creation of obstacles in meetings of detained and arrested
persons with their lawyers in police bodies were observed despite
submission of relevant order. The Head Office for Combating Organized
Crime, Sumgayit City Police Department should be point out in this line.
Besides this, it was observed that the delinquencies were omitted in the
term of placing the arrested persons detained in the Temporary Detention
Place of the Head Office for Combating Organized Crime to investigation
isolator, the provisions of the Criminal Procedure Code of the Republic of
Azerbaijan and of the Law of the Republic of Azerbaijan on Ensuring the
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