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. 4

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