2.6 The complainant claims that although the law stipulated that former policemen had to be held separately, he was held together with ordinary criminals. There was allegedly an attempt to kill him while he slept, and he was severely beaten by his cell mates twice. 2.14 After the commutation of his death sentence in 1998, the complainant was allegedly held “in isolation” for another six months and was unable to meet with his family during this period. 2.15 The complainant alleges that because of the above-mentioned reasons, he was unable to, and was indeed prevented from, exhausting all available domestic remedies: 2.7 The complainant explains that after the “escape” in 1994, and until March 1995, no medical doctor visited the death section. Ill prisoners allegedly were held together with other prisoners, surgery was made in inadequate conditions and several prisoners died because of bad medical care. – Since 1997, his counsel has published a series of articles in different newspapers, in relation to the complainant’s situation and the situation of other death row prisoners, using information provided by the complainant. However, no inquiry followed, nor was any prosecution instituted. 2.8 It is further stated that immediately after the 1994 “escape”, no food or water was supplied to the prisoners; when the supply was restored, rations were reduced by half. Temperatures at night were below 16° Celsius, but no covers were distributed to the prisoner between October 1994 and January 1995; covers were allowed only after an intervention by the International Committee of the Red Cross. – In October and December 2002, several prisoners serving life sentences in Gobustan prison, including the complainant, filed complaints in the Gardaksy district court and in the Court of Appeal, denouncing the deplorable conditions of detention and the illtreatment they had been subjected to. However, the tribunals referred to examine these complaints on the ground that the claimants’ signatures had not been certified by the prison authorities. Many prisoners, such as the complainant himself, never received a reply from the courts. 2.9 The complainant gives details on the allegedly bad treatment in 1994–1996: during the morning calls, prisoners were moved out of their cells, one by one, and were beaten (with wooden sticks, police batons, and electric cables, inter alia), up to the point when they fell to the ground losing conscience. Accordingly, some 45 prisoners lost their lives in such circumstances. 2.10 In May 1996, the prison administration discovered hidden documents in the complainant’s cell, in which he recorded the acts of the prison authorities against him, and also listed persons who had died on death row as a consequence of illtreatment and torture. He was severely beaten; his pens and paper were confiscated. In September 1996, a governmental delegation inspected the prison. Even though only few prisoners filed minor complaints, since they were afraid of retaliation, all those under sentence of death were severely beaten after the inspectors’ departure. – It is stated that the Ombudsman visited the prison on several occasions, but in spite of the complainant’s request, he was unable to meet with her. 2.16 The complainant alleges that he believes that, in the light of the facts outlined above, any further communication with the judiciary authorities of Azerbaijan would be futile and would subject him to supplementary pressure and intimidation, or even his physical disappearance as an important witness. 2.17 According to the complainant, he had not been hospitalized during his detention. He was examined on 15 November 2003 by a Medical Commission. On 7 January 2004, he received the results and the diagnosis of the Medical Commission: “situational neurosis, elements character psychopathia”. The complainant claims that on 8 January 2004, when he examined his medical record sheet, he discovered that it had been changed with new type of medical form, and that the information from his previous medical records had not been recorded. Thus, according to him, no record was kept of his illnesses in 1994–2002 (haemorrhoids, rheumatism, neurosis, “attacks”, and a cerebral attack in 1999). 2 The 2.11 In October 1996, head of the prison guards allegedly beat all prisoners, thus “celebrating” the second anniversary of the 1994 escape. The complainant was allegedly beaten for an hour and a half. 2.12 In the autumn of 1996, a prisoner who had been released allegedly met with the complainant’s mother and explained to her the conditions in which her son was detained. The mother filed a complaint with the prison authorities. After this, the complainant was beaten, threatened with death, and forced to sign a disclaimer. 2.13 In early 1997, another list of deceased prisoners was discovered in the complainant’s cell; he was beaten again and was confined, together with his cell-mates, to 3 days of isolation. 2 According to the complainant, the medical card of his cellmate, G., who had suffered form different diseases, including tuberculosis, was completely blank. 4

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