A/HRC/4/33/Add.2
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items on this website is dedicated to surveying public opinion. Citizens have sent more than 500
appeals to the e-mail address of the Ministry and all of them were comprehensively answered.
Since 2002, every year the Head Public Security Office of the Ministry of Internal Affairs,
together with the Office of the Ombudsperson, conducts seminars for the police on "The
importance of respect for and protection of human rights and freedoms". The public is regularly
informed about the activities of the interior agencies regarding human rights through "Mubariz
keshikde", "Asgar", and "Police" newspapers and other press outlets.
26.
Recommendation (i) stated: The Government should give urgent consideration to
discontinuing the use of the detention centre of the Ministry of National Security,
preferably for all purposes, or at least reducing its status to that of a temporary detention
facility.
27.
The Government informed that, in accordance with provisions 3.2 and 3.7 of the
Presidential Decree "On implementation of the law on adoption and entering into force of the
Criminal Procedure Code and juridical regulation of issues in this relation and the Criminal
Procedure Code adopted by this law", dated 25 August 2000, pre-investigation of crime cases on
economic activity, public security, public order and state power envisaged in articles 206, 214,
214-1, 216, 219, 270, 271 and 271-285 of the Criminal Code is carried out by the Head
Investigation Department of the Ministry of National Security (MNS).
28.
With the aim of temporary detention in accordance with the terms envisaged by law,
the MNS has an Investigatory Cell. The service in the Head Investigation Department and
Investigatory Cell is carried out in accordance with the presidential decrees, Criminal and
Criminal Procedure Codes, Code of Execution of Punishments, orders and instructions of the
Minister of National Security, United Nations instruments (i.e. the Convention against Torture,
the Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct of Law
Enforcement Officials), and standards of CPT. During the last years, MNS has taken special
measures in order to humanise the activities of the Investigatory Cell in accordance with relevant
international standards, paying increased attention to detention conditions. In this regard it has to
be noted that representatives of ICRC, OSCE/ODIHR and other governmental and nongovernmental organizations working in this sphere, especially CPT, which visited Azerbaijan in
November and December 2002, considered the functioning of the MNS’s Investigatory Cell as
exemplary for other detention facilities (CPT document no.. 46 dated July 25, 2003, article 63).
During the last two years there was not a single complaint by detainees, their defenders and legal
representatives about the conditions of detention in this centre. MNS continues to improve the
detention regime and the material, social and medical conditions of persons in the detention
centre. Regarding the recommendation about discontinuation of the use of this detention facility,
it has to be noted that this could create problems for guaranteeing speed, comprehensiveness,
objectivity and rationality of pre-trial proceedings of grave and very grave criminal cases. At the
same time it is possible to consider the question of changing the status of this detention centre or
discontinuation of its use in the framework of complex reforms on improvement of penitentiary
facilities and investigatory cells in the penitentiary system.
29.
Recommendation (j) stated: The Special Rapporteur welcomes the continuation
of the provision of advisory services by the Office of the High Commissioner for
Human Rights; he notes that the publication in the Professional Training Series entitled
Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police