CAT/C/AZE/CO/3 The State party should establish an independent monitoring and inspection system for such facilities. It should improve the living conditions for patients in psychiatric institutions, and ensure that all places where mental health patients are held for involuntary treatment are regularly visited by independent monitoring bodies to guarantee the proper implementation of the safeguards set out to secure their rights. 9. Independence of the judiciary 17. The Committee notes with satisfaction the significant improvement in the judicial system. It also welcomes the President’s decree of 17 August 2006 increasing the number of judges in the State party by half, as well as other reforms in the process of selection of judges. Nevertheless, the Committee remains concerned at the lack of independence of the judiciary with regard to the executive branch and its susceptibility to political pressure (art. 14). The Committee reiterates its previous recommendation that the State party should guarantee the full independence and impartiality of the judiciary in accordance with the Basic Principles on the independence of the Judiciary. 18. While recalling the decision by the plenum of the Supreme Court of 10 March 2000, instructing all courts not to accept evidence obtained by the use of torture, abuse or physical or psychological coercion, the Committee notes with concern that the State party could not name a single incident when a court refused to accept evidence obtained through unlawful methods. The Committee is concerned at allegations that, on the contrary, in several cases courts relied on statements that were allegedly made under duress (art. 14). The State party should take immediate steps to ensure that, in practice, evidence obtained by torture may not be invoked as evidence in any proceedings. The State party should review cases of convictions based solely on confessions, recognizing that many of these may have been based upon evidence obtained through torture or illtreatment, and, as appropriate, provide prompt and impartial investigations and take appropriate remedial measures. The State party should establish a mechanism to ensure that any persons convicted on the basis of coerced evidence or as a result of torture or ill-treatment are afforded a new trial and adequate remedy, reparation and/or compensation. 10. Domestic violence 19. The Committee notes with satisfaction the awareness-raising campaigns on domestic violence and the adoption of a declaration on combating violence against women, including domestic violence. However, it remains concerned that there continue to be allegations of widespread domestic violence not only against women, but also against children, and that the adoption of the draft law on domestic violence has been delayed. It is also concerned at the lack of safe shelters for victims of domestic violence. The Committee also regrets the lack of statistical information on the overall complaints of domestic violence reported and the number of investigations, convictions and punishments meted out (arts. 2 and 16). The State party should ensure protection of women and children by speedily enacting the draft law on domestic violence and taking measures to prevent in practice such violence. The State party should provide for the protection of victims, access to medical, social and legal services, temporary accommodation, and compensation and rehabilitation. Perpetrators should also be punished in accordance with the gravity of their crimes. The State party should compile information on the number of cases of domestic violence that have been reported, the number of such complaints that have been promptly, impartially and independently investigated, the number of investigations 6 GE.09-46626

Select target paragraph3