CAT/C/AZE/CO/3
5.
Insufficient basic legal safeguards
11.
Notwithstanding the State party’s efforts to improve the system of registration of
detainees, the Committee notes with concern the allegations of widespread and routine use
of torture or ill-treatment of detainees in police custody, including before their official
registration and during pretrial detention. The Committee is also concerned over the
inadequate legal safeguards for detainees, which include, inter alia, restricted access to
independent doctors and public defenders and failure to notify detainees of their rights at
the time of detention, including their rights to contact family members, as alleged in the
cases of Emin Milli and Adnan Hajizade, and Kamil Saddredinov. The Committee is also
concerned at the shortage of public defenders in the State party, and at allegations that the
quality of legal aid is low as a result of inadequate resources. In addition, the Committee
notes with concern allegations that suspects are purposefully detained for delayed periods
as witnesses and are thus denied basic legal safeguards, and only later have their status
changed to that of a suspect. The Committee further regrets the lack of information
provided with regard to the mechanism or legal provision through which detainees may
request a medical examination by an independent doctor, and remains concerned at
allegations that access to medical care is frequently denied, in practice, as was reportedly
the case for detainee Mahir Mutafayev who suffered second- and third-degree burns and
was not granted access to medical attention until 11 to 12 hours after the incident, and
Novruzali Mammadov (arts. 2 and 16).
The State party should take prompt and effective measures to ensure that individuals
are registered from the actual moment of deprivation of liberty, and that they are not
subjected to acts in breach of the Convention when they are under custody, but not
yet registered as detainees. A central registration system for all detainees should be
improved in accord with the recommendations of the European Committee for the
Prevention of Torture. The State party should ensure that suspects are brought before
a judge as soon as possible, calculated from the actual moment of deprivation of
liberty, so as to determine the legality of their detention. The systematic use of audio
and video equipment in police stations and detention facilities should be implemented,
particularly in interrogation rooms and for all interrogation of minors.
The State party should also take effective measures to ensure that in practice, all
detainees in all detention and remand centres are guaranteed, inter alia, immediate
access to independent legal counsel and an independent medical examination.
Additionally, steps should be taken to establish and clarify the procedure in place by
which detainees, their legal counsel or a judge may demand such an examination. The
State party should also continue to take measures to address the shortage of public
defenders, including by ensuring that public defenders are adequately paid for their
work.
6.
Independent monitoring of places of detention
12.
The Committee particularly welcomes the establishment of the public committee,
consisting of representatives of non-governmental organizations, that has been mandated to
monitor penitentiary institutions. Notwithstanding the State party’s insistence that such
visits are unrestricted, the Committee is concerned, however, that the Public Committee is
unable to make unannounced visits to detention facilities because, under the order of the
Minister for Justice of 25 April 2006, visits are subject to internal disciplinary regulations
which, in practice, reportedly require 24 hours notice prior to visits. It is also concerned that
the one year term of the public committee members unduly limits the application of the
expertise developed by these monitors. The Committee is also concerned that the public
committee is not granted access to pretrial detention centres and the remand centre under
the Ministry of National Security (arts. 2, 11 and 16).
4
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