E/CN.4/2006/6/Add.2
page 4
preliminary investigations into the allegations. However, torture and ill-treatment continues to
be carried out frequently in places of pre-trial detention, and to a lesser extent in post conviction
prison facilities. They report that allegations regarding torture and ill-treatment are not being
investigated in an independent and thorough manner and alleged perpetrators and not being
prosecuted.
6.
Recommendation (b) stated: Prosecutors should regularly carry out inspections,
including unannounced visits, of all places of detention. Similarly, the Ministries of
Internal Affairs and of National Security should establish effective procedures for internal
monitoring of the behaviour and discipline of their agents, in particular with a view to
eliminating practices of torture and ill-treatment; the activities of such procedures should
not be dependent on the existence of a formal complaint. In addition, non-governmental
organizations and other parts of civil society should be allowed to visit places of detention
and confidential interviews with all persons deprived of their liberty.
7.
According to information received from NGOs, NGOs do get access to places of
detention in some instances. However, their access is limited and at the discretion of the
authorities. The Government has not ratified the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
8.
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.
9.
According to information received from NGOs, this recommendation is not being
implemented in practice, even in cases where detainees actively volunteer allegations of torture
or ill-treatment. According to NGOs that have conducted trial monitoring in Azerbaijan, it is
possible to identify a pattern whereby judges fail to take the allegations seriously and do not
initiate detailed investigations into the allegations.
10.
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.
11.
According to information received from NGOs, it has not been possible to obtain
information on any case where a person has been awarded compensation as a result of torture or
ill-treatment.
12.
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.
13.
According to NGOs that have conducted trial monitoring in Azerbaijan, the courts
continue to rely on confessions that may have been obtained by torture or ill-treatment. It is
possible to identify a pattern whereby judges fail to take allegations seriously and do not initiate
detailed investigations into the allegations.