E/CN.4/2001/66/Add.1
page 29
(“investigation isolators”) from the jurisdiction of the Ministry of Internal Affairs to that of the
Ministry of Justice was also cited as an important contribution to the improvement of conditions
of detention. Certainly a combination of a substantial reduction in the prison population, notably
in the wake of successive presidential amnesties, and considerable improvements in material
conditions and regime effected (with others planned) by the Ministry of Justice have led to a
drastic decrease in complaints about prison conditions. The Deputy Minister responsible for the
system took genuine pleasure in showing the Special Rapporteur the long-term meeting facilities
for private family contacts in centre No. 1.
111. There is evidently, as the Deputy Minister himself pointed out, much more to be done in
improving the remand centres, jurisdiction over which was only transferred to the Ministry of
Justice in 1999. There are five of these, three of which were visited by the Special Rapporteur in
Baku (Bailov, Shuvelan and the detention facility of the Ministry of National Security), the
fourth being located in the city of Ganja and the fifth in Naxçivan region. Limited resources
dictated a very basic diet for inmates at Bailov and, presumably, other institutions. It was clear
that the culture of the personnel who had until recently been employees of the Ministry of
Internal Affairs was still in need of adjustment.
112. Two prisoners at Gobustan were found in quarantine, having finally been medically
examined five days after admission. One appeared to have tuberculosis.
113. However, the main focus of the Special Rapporteur’s mission was on the treatment of
those in the hands of law enforcement officials, mainly agents of the Ministry of Internal Affairs.
The key types of place of deprivation of liberty where such officials enjoy control are, on the one
hand, regional police offices and local police units under them (police stations), where people
may be held for up to three hours, and temporary detention facilities (IVS), where they may be
held for up to three days but under certain circumstances for up to 10 or even 30 days.
114. The Special Rapporteur believes, on the basis of numerous testimonies he received, not
least from those whose evident fear led them to request anonymity and who thus had nothing
personally to gain from making their allegations, that torture or similar ill-treatment is
widespread. Indeed, it is believed by so many to be automatic, that the mere threat or hint of
adverse consequences for failure to comply with investigators’ wishes (such as to sign a
confession) is assumed to mean torture. For some, the mere fact of detention has the same
implication.
115. The Special Rapporteur would have needed substantially more time in the country to be
able to corroborate whether this perception is well founded, but it was clear that the detainees
and investigating authorities frequently did nothing to dispel the association. The Special
Rapporteur points out that the fear of physical torture may itself constitute mental torture.
116. The Special Rapporteur was also concerned at the fact that a person could be transferred
from a remand centre back to police custody, albeit on the order of a prosecutor, thus enhancing
the risk and, more palpably, the renewed fear of ill-treatment. This could, of course, lead to a
perception of coercion even when questioning in the context of a continuing investigation was in
fact taking place in a remand centre under Ministry of Justice jurisdiction.
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