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