A/HRC/13/39/Add.6
6.
The Special Rapporteur commends Azerbaijan for its ratification of the Optional
Protocol to the UN Convention against Torture (OPCAT). He notes the designation of the
Commissioner for Human Rights (Ombudsman) as the National Preventive Mechanism and
appeals to the Government to facilitate its effective and independent functioning, inter alia
by ensuring the availability of sufficient resources and the unfettered and unannounced
access to all places of detention.
7.
He further notes the information received regarding the existing complaints
procedure and the steps taken to hold perpetrators accountable and encourages the
Government to ensure to that all allegations of torture and ill-treatment are followed up by a
prompt and impartial investigation in accordance with article 12 CAT. He further wishes to
reiterate that the crime of torture requires criminal sanctions which are commensurate to the
gravity of the crime, and can never be covered only by administrative measures.
8.
The Special Rapporteur notes with concern the allegations received regarding cases
in which confessions obtained in violation of the rights of the accused, including coerced
incriminating statements, have been admitted to court proceedings. In this regard, he wishes
to reiterate that the admissibility of evidence and confessions obtained under torture is one
of the main incentives for the infliction of torture. Any efforts to prevent torture have to
therefore include a rigorous implementation of the non-admissibility of evidence obtained
under torture, as stipulated in article 15 CAT.
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