E/CN.4/2004/56/Add.3 page 4 5. According to the Government, on 9 March 2001, Order No. 02/47 on the procedural conduct of pre-trial investigations by a procurator, and on increased supervision of pre-trial investigations and initial inquiries, was signed. In accordance with the Order, all subordinates of procurators have been instructed, among other things, to monitor daily the legality of holding citizens in temporary detention facilities while the court considers requests for remand in custody; to meet personally with the accused or the suspect and verify whether his or her right to a defence has been violated; and, if it is found that a citizen’s rights have been violated by the investigator or person carrying out the initial inquiry, to take the necessary steps to redress such violations. 6. Recommendation (c) stated: Magistrates and judges, like prosecutors, should always ask a person brought from police custody how they have been treated and be particularly attentive to their condition. 7. Recommendation (d) stated: Where there is credible evidence that a person has been subjected to torture or similar ill-treatment, adequate compensation should be paid promptly; a system should be put in place to this end. 8. Recommendation (e) stated: Confessions made by a person under police detention without the presence of a lawyer should not be admissible as evidence against the person. 9. The Special Rapporteur has been informed that in accordance with the Code of Criminal Procedure of the Republic of Azerbaijan, which entered into force in September 2000, the counsel for the defence has the right to be present when a suspect or an accused person is searched or arrested. The inadmissibility of the use of confiscated items as evidence when the aforementioned right is violated is upheld by the law, and executive bodies, including the police, are guided by this principle. 10. Recommendation (f) stated: Given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid services. 11. Recommendation (g) stated: Video and audio taping of proceedings in police interrogation rooms should be considered. 12. The Government reported that Azerbaijan’s criminal procedure legislation provides for the possibility of making audio and other recordings, taking photographs, making video recordings or films, or using other kinds of photography during proceedings. These provisions are observed by executive bodies. 13. Recommendation (h) stated: Given the numerous situations in which persons deprived of their liberty were not aware of their rights, public awareness campaigns on basic human rights, in particular on police powers, should be considered. 14. Recommendation (i) stated: The Government should give urgent consideration to discontinuing the use of the detention centre of the Ministry of National Security, preferably for all purposes, or at least reducing its status to that of a temporary detention facility.