E/CN.4/2004/56/Add.3
page 5
15.
The Government reported that pre-trial investigation in criminal cases dealing with
offences against the public order, public regulations and the State system, which are covered in
articles 214, 214-1, 216, 219, 270, 271, 285, 318, 319 of the Criminal Code of Azerbaijan, is
conducted by the Ministry of National Security. When the aforementioned offences have been
committed, and in order to ensure that the temporary detention of accused persons is in
conformity with legislation, a remand facility under the jurisdiction of the Ministry of National
Security is used. The work of the facility has been improved in accordance with international
standards, and particular attention has been devoted to the conditions in which arrested persons
are held, and to social and medical concerns. These changes were welcomed by many
governmental and non-governmental organizations, particularly the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), which visited
Azerbaijan from 24 November to 6 December 2002. The elimination or any change in the status
of the remand facility can result in further difficulties in ensuring the efficiency, integrity,
objectivity and effectiveness of pre-trial proceedings in connection with the aforementioned
serious and grave crimes.
16.
Recommendation (j) stated: The Special Rapporteur welcomes the continuation
of the provision of advisory services by the Office of the High Commissioner for
Human Rights; he notes that the publication in the Professional Training Series entitled
Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police
has been translated into Azeri; accordingly, the Government is invited to give favourable
consideration to putting emphasis, in the technical cooperation programme, on training
activities for the police and possibly investigators of the Ministry of National Security once
recommendation (i) has been implemented.
17.
According to the Government, appropriate measures have been taken to regulate relations
between the police and citizens in accordance with legal and ethical norms; monitoring and the
demand for strict compliance with human rights and freedoms have been increased in connection
with the bringing of a person to a police station and his or her detention there, and with the
conduct of administrative proceedings against that person. The police authorities have been
provided with special standing orders containing extracts from provisions of international
conventions, the Constitution and laws of Azerbaijan, and other regulatory acts. With a view to
providing instruction in human rights legislation and international instruments, a human rights
course was held at the Police Academy. In order to familiarize officers with the provisions of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the number of hours of the course entitled “The police and human rights” was
increased.
18.
Recommendation (k) stated: The Government should also consider requesting
advisory services from the Office of the High Commissioner for Human Rights regarding
training activities for officials from the General Prosecutor’s Office.
19.
Recommendation (l) stated: The Government is invited to consider favourably
making the declaration provided for in article 22 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, whereby the