examination shall be recorded accordingly, complaints about torture, inhuman or degrading
treatment, as well as written information on the bodily injures discovered during medical
examination and presumed to be inflicted as a result of torture, inhuman or degrading treatment
shall be sent to the prosecutor in charge of the procedural aspects of the investigation, medical
examination can be conducted by a public or private medical establishment upon a motion of
detained or arrested persons or their defense counsels, and so on.
The given Law has also specified, for the first time, the legal regulation of the transfer of
a detainee from an investigation isolator to a temporary detention place. As such, when it is
necessary to conduct investigative acts in a place situated far from the residential settlement
where the investigation isolator is located or it is required to ensure the arrested person’s
participation in judicial proceedings and it is impossible to transport him/her every day, an
arrested person may be transferred from an investigation isolator to a temporary detention place
for not more than 10 days a month based on a substantiated decision by the court. The period
may be extended upon a motion of the concerned individual until the end of the judicial
proceedings based on a substantiated decision by the court. The person shall be subjected to
medical examination when transferred from an investigation isolator to a temporary detention
place and back. The Law also prohibits the transfer of an individual from an investigation
isolator to a temporary detention place for investigation-search measures38.
The Law describes some rights of detained or arrested persons specified in the Criminal
Procedure Code of the Republic of Azerbaijan in more details, particularly the rights not to be
subjected to torture, inhuman or degrading treatment or punishment; to be treated in an ethical
manner; to be provided in a plain written form and familiarize themselves with their own rights
and duties, internal disciplinary rules, including regime of the detention place, and submission of
suggestions, applications and complaints immediately after the entry to a place of detention and
during detention, and keep such written information with themselves; to be received by the
management of the detention place; to submit suggestions, applications and complaints about the
legality and reasonableness of detention or violation of their lawful interests; to be taken out for
daily walking everyday for not less than 2 hours (earlier normative legal acts provided for an
hour); to receive psychological assistance; to use literature, including special literature; to
perform religious rites, etc. In addition, the Law also specifies detainees’ rights to meet with
their close relatives or other persons, to contact with whom is of lawful interest, for up to 4 hours
4 times a month under decent conditions and under supervision; to subscribe to newspapers and
38
Law of the Republic of Azerbaijan on Ensuring the Rights and Freedoms of the Individuals Held in Detention
Facilities (22.05.2012, No. 352-IVQ), Article 8
37
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