It has also been informed that in order to assess the offences specified in
Article 133.3 of the Criminal Code in force as a crime of torture, such acts
must have been committed regularly, that is why a concrete person has not
been brought to criminal responsibility under that article. But that does not
mean that the personnel of the law-enforcement bodies who rudely violate
human rights and freedoms and apply battery, insult and other inhuman
treatment remain unpunished. At present such offences being classified as
excess of official powers or abuse of official powers, it is ensured that those
persons are brought to responsibility.
After the Criminal Code of the Republic of Azerbaijan is amended as
suggested above, it will be ensured that the above mentioned persons are
brought to responsibility under the article concerned.
The Office of the Prosecutor General of the Republic of Azerbaijan has
also provided detailed information on the re-investigations conducted as
required and their results. It has become apparent that in some cases decisions
on rejection of a criminal case as previously adopted on the ground have been
cancelled and re-investigation has been started and in other cases decisions
have been issued on initiating a criminal case and conducting investigation.
The results of the investigations have been thoroughly discussed with the
participation of the relevant bodies of the Office of the Prosecutor General of
the Republic of Azerbaijan, MIA and MNS, and emphasizing that it is
important to persistently observe the requirements of the UN Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, it has been decided to promptly investigate every appeal related
to the application of pressures accompanied with torture and inhuman
treatment, if the fact is confirmed, to initiate a criminal case and carry out
investigation accordingly, and to take the most serious actions as provided by
law in respect of the officials who have committed such actions.
The demonstration of such a caring approach to the issue by the Office of
the Prosecutor General of the Republic of Azerbaijan should be particularly
appreciated as an estimable case.
The MIA should also be acclaimed as a body that has strongly supported
the Commissioner’s NPM activities and closely and constructively
collaborated with her, and ensured that necessary conditions are provided in
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