E/CN.4/2001/66/Add.1
page 13
43.
During interviews with detainees, no complaint regarding their current situation
was made. They were receiving food three times a day and were let out of the cells for
exercise 45 minutes every day. All confirmed having passed a medical check-up upon arrival.
With respect to access to their lawyers, they indicated that they were not subjected to any
restrictions.
44.
The Special Rapporteur expressed his concerns to the Bailov authorities regarding the
fact that the lawyer of Vagif Mustafa oglu Hajiev (see below), whom he had met at the
beginning of his tour of the centre, was prevented from seeing his client on that day. According
to information received later that day, Vagif Mustafa oglu Hajiev had been informed that his
lawyer was waiting for him, taken out of his cell and then taken back to his cell without seeing
his lawyer, with no explanation. Questioned by the Special Rapporteur, the governor did not
give any explanation.
45.
A large number of persons had been detained in Bailov SIzo for several months and up to
more than a year.
46.
On 12 May, the Special Rapporteur visited the remand centres at the Ministry of National
Security headquarters, at the invitation of the authorities. Only serious crimes against the State,
such as terrorism, espionage and treason, fall within the jurisdiction of this Ministry. The head
of the Investigation Department indicated that he only had a dozen investigators at his disposal.
The Minister indicated that the rules regulating detention by his Ministry are the same as those
regulating detention by the police. Similarly, the new Criminal Procedure Code was said to
apply equally to detention ordered by officials of the Ministry of Internal Affairs or by officials
of the Ministry of National Security.
47.
The premises effectively serve as a police station, provisional detention ward and remand
centre where persons can be held until conviction and sentencing. The Special Rapporteur
therefore expressed his concern regarding the fact that a person remains in the hands of the
investigators of the Ministry of National Security during the entire period of the investigation
until the final sentence by a court and transfer to a prison. It must also be noted that the head of
the cells unit confirmed that his personnel did not monitor interrogation sessions which are said
to be held behind closed doors. The Minister indicated that the same concerns had already been
expressed by several interlocutors, in particular from the Council of Europe. He pointed out that
the institution had been inherited from the Soviet era, but it was foreseeable that the premises
would not be used as a remand centre in the future.
48.
The detention regime was exemplary. The head of the cells unit said that 43 persons
were currently detained. There are two kinds of cells: one designed to hold two detainees
in 15 square metres and another designed to hold four detainees in 36 square metres. The
official capacity was said to be 107. All the cells were well furbished and clean. Some of the
detainees were preparing food at the time of the visit. The Special Rapporteur noted that the
punishment cell, which was said to be used very rarely, did not contain a light bulb. It was
explained that, owing to financial constraints, the bulb was being used in another cell. The
punishment book confirmed that the cell was used rarely: 27 persons were recorded to have
been punished since 1994.
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