CAT/C/AZE/CO/3
The State party should guarantee that the public committee has an unrestricted right
to conduct unimpeded and unannounced visits to all places of detention in the
country, including pretrial detention facilities and the remand centre under the
Ministry of National Security.
7.
Conditions in places of deprivation of liberty and deaths in custody
13.
The Committee welcomes the efforts made by the State party to improve conditions
in penitentiary institutions and remand facilities, including the significant improvements in
the conditions of detention for persons serving life sentences, increasing the number of
visits, telephone calls and amount of monthly allowance, and establishing medical units.
The Committee also welcomes the construction of new prisons in Shaki, Ganja, Lenkaran,
Nakhchivan and other regions, as well as construction of remand centres, such as the one in
Baku, in order to improve the conditions for detainees. Nevertheless, the Committee
remains concerned at the number of deaths and suicides committed by inmates and at the
alleged restrictions on independent forensic examination into the causes of such deaths. It is
also concerned at allegations of the State party’s use of prolonged solitary confinement (art.
11).
The State party should promptly, thoroughly and impartially investigate all incidents
of death in custody and prosecute those found responsible for any deaths. The State
party should provide information to the Committee on any cases of death resulting
from torture, ill-treatment or wilful negligence leading to any of these deaths.
Families of victims should be provided with adequate compensation and
rehabilitation.
The State party should limit the use of solitary confinement as a measure of last
resort, for as short a time as possible, under strict supervision and with the possibility
of judicial review. The State party should also identify reasons leading prisoners to
committing suicide, provide appropriate remedies and review the legislation in this
regard. It should allow independent forensic examinations and accept their findings as
evidence in criminal and civil cases.
14.
The Committee remains concerned that the remand centre of the Ministry of
National Security continues to operate and is being used for detention of convicted persons
(art. 11).
The Committee reiterates its previous recommendation that the State party should
transfer the remand centre of the Ministry of National Security to the authority of the
Ministry of Justice, or discontinue its use.
8.
Involuntary placement in psychiatric institutions
15.
The Committee is concerned about numerous reports of forced confinement in
psychiatric hospitals in Nakhchivan, of persons for reasons other than medical (arts. 11 and
16).
The State party should take measures to ensure that no one is involuntarily placed in
psychiatric institutions for reasons other than medical. Where hospitalization is
required for medical reasons, the State party should ensure that it is decided only
upon the advice of independent psychiatric experts and that such decisions can be
appealed.
16.
The Committee is concerned about poor conditions in psychiatric institutions outside
Baku. It also notes with concern the absence of an independent body to monitor conditions
in psychiatric institutions (arts. 11 and 16).
GE.09-46626
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