E/CN.4/2001/66/Add.1
page 25
pointed out that the number of “particularly serious and serious crimes” had been reduced to
some 12 crimes compared to the 50 serious crimes in the previous Criminal Code. The head of
the Law Enforcement Bodies Department said that in the case of crimes which do not pose a
threat to public order and which are punished by a sentence of up to two years of deprivation of
liberty, the judge cannot order the arrest of a suspect.
90.
With respect to the maximum time spent in detention pending trial, the head of the Law
Enforcement Bodies Department indicated that for less serious crimes (which are punished by a
maximum sentence of up to 5 years of deprivation of liberty), it is up to 5 months; for serious
crimes (which have a maximum sentence of up to 10 years of deprivation of liberty), it is up
to 7 months; and, for particularly serious crimes, it is up to 9 months. This is clearly stated in
article 158 of the Criminal Procedure Code. It must be noted that the time spent in custody
before the trial is deducted from the final sentence (art. 158, para. 6). A person suspected of
having committed a particularly serious crime cannot be released on bail.
91.
During his visit to the various provisional detention wards, the Special Rapporteur noted
that some detainees had been re-transferred from remand institutions to places under the
supervision of the police, either police stations or temporary detention facilities, for further
investigation and interrogation. It was reported that these persons could stay for a few days in
the hands of the police and may therefore be at risk of further ill-treatment. It was confirmed by
all police officials that investigators had the right to ask the prosecutor to send the person back to
them for further investigation. The General Prosecutor explained to the Special Rapporteur that
as such transfer must be authorized by a prosecutor, the latter is in a position to monitor the
situation. He also indicated that the person had to be taken back to the temporary detention
facility on the same day. He nevertheless recognized that the police had a tendency to exercise
this right too frequently.
92.
Finally, the Special Rapporteur expressed his concerns to several of his official
interlocutors regarding the radical changes in the legislation which were supposed to be
implemented a very short time after their adoption. The Chairperson of the Supreme Court
reassured the Special Rapporteur that training had been organized to prepare magistrates to apply
the new Codes. Supreme Court Judges were also said to have closely followed the discussion in
Parliament regarding the revision of the Criminal Code and the Criminal Procedure Code. A
Legal Training Centre under the authority of the Ministry of Justice is also said to have been
established.
C. Complaints procedures
93.
According to information received by note verbale dated 16 October 2000 from the
Permanent Mission of Azerbaijan to the United Nations Office at Geneva reproducing a
document from the commission on legal reforms under the President of the Republic of
Azerbaijan, “the respective provisions of the Criminal Procedure Code guarantee the right to
appeal the decisions and actions of officials commencing criminal prosecutions, in particular
those connected with arrest, detention, torture and other cruel treatment”. As stated above, no
case law on prosecution for acts falling within his mandate have been presented to the
Special Rapporteur.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents