A. Inadmissibility Communication N° 247/2004 Submitted by: A.A. Alleged victim: The complainant State party: Azerbaijan Declared inadmissible: 25 November 2005 Subject matter: ill-treatment on death row 2.2 After his conviction, the complainant was placed on death row in Baylovskaya prison (Baku), where, he allegedly shared a 6 square metres cell with “5–6” other prisoners also under sentence of death. The cell was equipped with only one bunk bed for all of them, and the prisoners had to sleep in turns. The window of the cell was obstructed by metal plates and no light could penetrate; there was only a dim lamp in the cell, which was constantly lit. Procedural issues: examination by another procedure of international investigation or settlement; admissibility ratione temporis; exceptions to the rule of exhaustion of domestic remedies Substantive issue: cruel, inhuman and degrading treatment Articles of the Convention: 1, 2, 12, 13 2.3 According to the complainant, on 1 October 1994, a group of prisoners escaped from Baylovskaya prison.1 The same day, the prosecutor in charge of prisons allegedly informed the prison authorities that they were allowed to beat (to death) all prisoners “under his responsibility”. After this, conditions of detention worsened. No recreation walks were authorized between 1994 and 1998. From 1994 to 1996, prisoners were obliged to take showers directly in the cells, while no bathroom existed; a collective bathroom was set up only in the summer of 1996; showers were then allowed at 20– 30 days intervals, for 10–15 minutes per cell. The complainant states that more than 70 prisoners under sentences of death passed away while he was on death row from 1994 to 1998, due to the worsening conditions of detention. ** 1.1 The complainant is Mr. A.A., an Azeri national sentenced to death on 24 August 1994 by the Supreme Court of Azerbaijan. On 10 February 1998, all death sentences handed down in Azerbaijan, including the complainant’s, were commuted to life imprisonment, following the abolition of the death penalty by Parliament. The complainant claims to be a victim of violation by Azerbaijan of his rights under articles 1, 2, 12 and 13, of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment (the Convention). He is represented by counsel. 1.2 Azerbaijan became a State party to the Convention on 16 August 1996 (date of accession), and made the declaration under article 22 on 4 February 2002. 2.4 The complainant explains that despite the fact that prison regulations allowed him to receive the visit of his family every month, as well as to receive a 5 kg parcel, in reality, and especially after the escaping of prisoners in October 1994, visits and parcels were “irregular”. The facts as submitted 2.1 The complainant was a police inspector. On 24 August 1994, he was found guilty of murder, illegal storage of and port of fire arms, voluntary destruction of public property, murder with aggravating circumstances, and attempted murder. He was sentenced to death by the Supreme Court of Azerbaijan, allegedly without having been given the right to appeal against this judgement. The complainant claims that his trial did not meet the requirements of due process and was tainted by the authorities’ desire to avenge the murder of a policeman. He also explains that two of the three individuals composing the court (so-called “people’s assessors”) had refused to countersign his death sentence. ** 2.5 According to the complainant, during the morning calls, all prisoners had to leave their cells, and to stand in front of the door leading to the fire squad basement. In addition, during his detention on death row, the execution chambers were cleaned on 7–8 occasions; every time thereafter, the administration threatened that a series of executions was expected. 1 Throughout the text, the complainant refers to the events of October 1994 as to “escape” and “attempt to escape”, without differentiation. It transpires, however, that 10 prisoners had escaped. Initials changed at the request of the complainant. 3