A/HRC/4/33/Add.2
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persons and their legal representatives are protected by law. In order to guarantee the security of
these persons, the protection their life, health and property, relevant state agencies have a number
of obligations. Compensation for damage is regulated by articles 55-63 of the Criminal
Procedure Code. According to article 13 of the Code, it is prohibited to humiliate a person and
adopt decisions and take measures that put a person's life and health in danger. At the same time,
article 293 of the Criminal Code defines criminal responsibility for threat, blackmail, humiliation
and other illegal activities during interrogation.
17.
Recommendation (e) stated: Confessions made by a person under police detention
without the presence of a lawyer should not be admissible as evidence against the person.
18.
Recommendation (f) stated: Given the numerous reports of inadequate legal
counsel provided by State-appointed lawyers, measures should be taken to improve legal
aid services.
19.
The Government informed that article 61 of the Constitution, provides every person
with the rights to have legal assistance, including assistance in defending him/herself from the
very moment of detention, arrest, charge by the relevant state agency. Confidential contacts of a
detained person with his/her defender and issues such as health checks and registration in the
journals of the detention centre are regulated by legal procedure. In the cases envisaged by law,
legal assistance is provided by the state free of charge. According to articles 233.1-233.11 of the
Criminal Procedure Code, the lawyer of the charged person has the right to be present during
interrogation. The investigator routinely has to explain this right to the accused person. In order
to raise awareness on these issues, a textbook entitled, "Human Rights and the Police" was
published, which covers major international United Nations and Council of Europe human rights
documents, human rights jurisprudence, activities of the institutions dealing with human rights
and freedoms, overviews of the international systems on the protection of human rights, as well
as practices on protection of human rights during the police activities.
20.
Recommendation (g) stated: Video and audio taping of proceedings in police
interrogation rooms should be considered.
21.
The Government informed that articles 232- 234 of the Criminal-Procedure Code
envisage the possibility of audiovisual recordings and photography during procedural actions.
The investigators widely use these and other technical devices during interrogations. In the
majority of the temporary detention centres located in district police stations of towns, new
systems have been installed to prevent illegal acts and rude behaviour against the detained
people. Therefore the general security of detainees has improved. Video monitoring equipment
has been installed in all temporary detention centres of Baku and it is planned to equip other
detention centres and interrogation rooms.
22.
Recommendation (h) stated: Given the numerous situations in which persons
deprived of their liberty were not aware of their rights, public awareness campaigns on
basic human rights, in particular on police powers, should be considered.
23.
The Government informed that it pays special attention to increasing the level of legal
awareness, especially of detained persons in the sphere of human rights. In accordance with the
Code of Execution of Punishment and other normative-legal acts, the administration of each
detention centres provides detainees with comprehensive information about their rights and