During the investigation of the mentioned issue this was detected that such cases existed not only in the Prison but also in several penitentiary institutions and investigation isolators. The majority of the letters from the penitentiary institutions are received to the address of the Commissioner with covering letter signed by the head of the institution, and the letter in a closed envelope sent to inmate was opened and after acquaintance of inmate and his/her relevant signature was added to his/her personal file. Such cases cause to violation of the demands of the Article of 8.5 of the Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan”, of the Articles of 83.2 and 83.5 of the Code of Execution of Punishments. The proposal given on this issue was regarding the necessity of undertaking the measures for investigation of the issue subjection to censorship of appeals sent by lifesentenced inmates or inmates sentenced to certain period of confinement to their defenders or other persons lawfully rendering them legal assistance, to the bodies realizing control over the activity of penitentiary institutions and to the Commissioner for Human Rights, as well as the responses received from them and prevention of occurrence of such cases in future. During investigation of receiving social allowances this was revealed that as some of inmates didn’t have documents confirming their identity they were not able to enjoy this right. As a result of investigation conducted by us this was revealed that the majority of inmates who are citizens of the Republic of Azerbaijan didn’t have identity cards at all. In order to provide the inmates who don’t have the ID card of the citizen of the Republic of Azerbaijan the issue was raised before concerning bodies (the appeal in connection with the mentioned issue was sent to the Ministry of Internal Affairs, ASAN Service). As a result of monitoring in the penitentiary institutions and analyses of legislation regarding application of special means this can be concluded that there are possibilities of abuse while application of these means. This is connected with limitation of detailed normative regulation on their implementation and ultimately can increase the risk of subjection to ill-treatment or punishment of a detained person. From our side, this were proposed that there is a need in enshrining of the duties of staff members of the penitentiary institutions during application of special means in the Instruction “On Safety Measures in the penitentiary system of the Republic of Azerbaijan and Rules of their application”, also in improvement of rules of application of these means in compliance with the Paragraph 33 of the UN Standard Minimum Rules for the Treatment of the Prisoners, Paragraphs 68.2 and 68.3 of the European Penitentiary Rules, at the same time with the standards of the European Committee for the Prevention of Torture. 70

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