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