A/HRC/4/33/Add.2
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10.
The Ministry of Justice cooperates with NGOs in the sphere of reforming the
penitentiary system. Last year NGOs visited detention facilities more than 80 times and in the
first half of 2006 the number of visits exceeded 45. A conference with the aim to strengthening
cooperation between the Ministry of Justice and human rights organizations was held on 8
August 2005, and resulted in the adoption of a "Memorandum of Understanding".. It was also
decided to create a working group for drafting a normative-legal act on public control over the
penitentiary facilities. "The rules of procedure for the participation of civil society in the
correction of detainees and for monitoring the activity of detention facilities", prepared on the
basis of proposals of NGOs and the Ombudsperson, were endorsed by decree of the Minister of
Justice. This document defines aims, principles and forms of participation of civil society in this
process. It also deals with the creation of a public committee and the organization of its work. It
established an Election Commission consisting of the members of parliament, eminent public,
scientific and religious figures and representatives of civil society, with the aim of electing the
members of the Public Committee. The members of the Public Committee have broad
competencies, including the right to confidential conversations with any of the detainees.
11.
In order to improve conditions at temporary detention centres, 48 (75 per cent) of those
at the district police centres have been modernized. The construction of new temporary detention
centres started at four district police centres. At the same time, the construction of a new
administrative detention centre in Baku Head Police Department, which is to correspond to
international standards, should be finalised by the end of 2006.
12.
In spite of the measures taken, some cases of ill-behaviour by police officers have been
registered. These persons have been dismissed from police service and some of them even
brought to justice. During the period 2003-2005 and the first half of 2006, 383 police officials
have been administratively punished because of cruel behaviour: 64 of them were dismissed
from police service; 29 were removed from their positions; five were demoted in rank; 28
officials had criminal charges brought against them; and 258 were administratively punished. A
Code of Ethics for representatives of the interior agencies has been adopted.
13.
Recommendation (c) stated: Magistrates and judges, like prosecutors, should
always ask a person brought from police custody how they have been treated and be
particularly attentive to their condition.
14.
The Government informed that the Ministry of Justice carries out complex measures
aimed at increasing the professionalism of judges and judiciary candidates in accordance with
legislation. The respective educational programme envisages the inclusion of topics such as
fundamental rights and freedoms of citizens and information about international and national
institutions guaranteeing these rights. In this regard, special attention is paid to the European
Convention on Human Rights, the Conventions against Torture, and case law of the European
Court of Human Rights. The Decree on "Modernization of the court system", dated 19 January
2006, was crucial in this sphere.
15.
Recommendation (d) stated: Where there is credible evidence that a person has
been subjected to torture or similar ill-treatment, adequate compensation should be paid
promptly; a system should be put in place to this end.
16.
The Government informed that according to the article 3.3 of the Law on "Protection of
persons participating in criminal process", dated 11 December 1998, suspected or charged