E/CN.4/2001/66/Add.1
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103. Magistrates are also said to have been asked by the Plenary of the Supreme Court to
provide by all appropriate means explanations to the persons who have suffered torture and other
unlawful acts regarding their right to claim compensation for moral and physical suffering and to
create the necessary conditions for them actually to benefit from this right.16
104. Finally, the Minister of Justice recognized the need to have an independent mechanism
monitoring places of detention, such as the ICRC. In that respect, the Special Rapporteur
welcomes the recent agreement between the Government and the ICRC by which all places of
detention will be visited by the ICRC.
III. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
105. The Special Rapporteur acknowledges with appreciation the full facilities granted him by
the authorities. The mission’s terms of reference were scrupulously respected. In particular, no
obstacles were raised to his visiting (or revisiting) places of detention on an unannounced basis,
nor to his speaking to persons held in such places in the sole presence of members of his team.
106. Azerbaijan, formerly a republic of the Soviet Union, has only been independent since
August 1991. Its population of some 7 million is more or less evenly spread in terms of urban
and rural residence. The cities are more prosperous than the countryside. The country has
important natural resources, notably petroleum, together with extraction and refining facilities,
as well as developed agriculture permitting or, at least, promising self-sufficiency.
107. Historically and culturally it conceives of itself as a bridge between Europe and Asia.
Politically, it aspires to be part of the European geostrategic polity: it is a member of the
Organization for Security and Cooperation in Europe and a candidate for membership of the
Council of Europe.
108. While formally now a multi-party democracy, many Azerbaijanis question whether the
resounding majorities achieved in presidential and parliamentary elections are an accurate
reflection of the real voting pattern. On the other hand, the present political leadership seems to
have provided a certain stability after real threats to the coherence of the State in the early 1990s,
although the Government has been confronted by armed challenges in the mid-1990s. Reforms
under way to the elections law are pointed to as a possible solution to the question of the
legitimacy of the political authorities.
109. There is also a widespread belief both within and outside the country that corruption17 is
prevalent and that this extends to the administration of justice. This was indicated as one of the
reasons behind a radical reform of the judiciary being carried out under the auspices of the
World Bank.
110. As far as specific issues relating to the treatment of prisoners are concerned, notable
improvements were identified. The achievement of the abolition of the death penalty in
February 1998 was consistently cited with justifiable pride by official interlocutors with whom
the Special Rapporteur spoke. The moving of correctional facilities and remand centres
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