facility and rudely ordered the personnel of the TDP to lock the door of the
cell he had opened. Aghali Khalilov said to the visiting team that they had to
make a relevant record in the register on entering the Department and as they
had not done it, they had to leave the TDP. The staff members of the Office
stated that they were allowed in because they presented their badges when
they entered the administrative building and only at the end of the visit they
would make corresponding notes in the examination register of the TDP. At
the same time Aghali Khalilov was informed of the requirements of the
national legislation and relevant provisions of the OPCAT. Nevertheless,
Chief of the Department Aghali Khalilov insistently required them to leave the
TDP and did not allow them to perform their official duties. This happened in
front of the TDP personnel and detainees.
We think that such an act, along with being a gross violation of the
OPCAT and national legislation, casts a shadow on the mutual and close
cooperation established between the Commissioner institution and the MIA for
a long time. The Commissioner has requested the MIA to remedy the relevant
breaches and organize the study of the requirements of the Constitutional Law
and the OPCAT by police bodies. In the received response it is stated that the
management of the MIA has requested the relevant police bodies to ensure
that their personnel gain knowledge of the OPCAT, as well as Aghali Khalilov
has received a severe warning.
As a result of the visits undertaken to the relevant establishments of the
MIA it has also been revealed that though appropriate conditions have been
created for the persons detained in TDPs, the working conditions of the
personnel serving in those establishments can not bee deemed satisfactory. As
such, though the floors of cells are wooden, the floors of the rooms intended
for the use of personnel and the corridors where they serve are concrete, which
negatively affects their health.
3.1.2. Establishments of the Penitentiary Service of the Ministry of Justice
The PS has 50 establishments that fall under the jurisdiction of the NPM.
These establishments include the Prison, SMI, MI, Correctional Institution,
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