E/CN.4/2000/9
page 13
35.
Concerning Kim Nixon, the Government denied that any torture took place.
The Government indicated that an independent coronial inquiry was conducted
which found that he died of natural causes as a result of hypertensive and
arteriosclerotic heart disease, and that there was insufficient evidence to
support a case against any member of the police service. However, the Government
advised the Special Rapporteur that the inquiry did not consider the allegation
that police officers had been told where Kim Nixon's medication could be found
and that they reportedly made no attempt to retrieve it. In relation to this
allegation, the Government drew the Special Rapporteur's attention to a report
of the Social Justice Commission on his death in Indigeneous Deaths in Custody
1989 to 1996 (extracts of which were forwarded to the Special Rapporteur), which
indicated that upon his arrival at the police station, he had told the officer
on duty that he was on blood pressure medication which was noted on his
admission form. According to this report, the location of the medication was
noted by visitors from the Aboriginal Visitor's Scheme in the visitors' book at
the police station, but the police did not become aware of this information
until after his death as there was no procedure for examining the visitors'
book. The Government stated that the examination of the case by the Social
Justice Commissioner was based on a secondary evaluation of textual materials
and was undertaken without witnesses being called or evidence being tested. The
Government noted that the report has not been tabled in Parliament nor responded
to by the Government.
36.
The Government attached the following additional documents for reference:
"The Royal Commission into Aboriginal Deaths in Custody: An overview of its
establishment, findings and outcomes" and the "Queensland Criminal Justice Act
1989".
Azerbaijan
Regular communications and replies received
37.
By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he had received information according to which police and other
security force personnel beat and tortured persons detained in pre-trial custody
in order to punish them, gather information, force confessions and compel
corroborating testimony from witnesses. Those accused of treason or other
political offences are said to be systematically tortured, in particular in the
lock-up of the Baku City Police Department, also known by the Russian acronym
"Gorotdel", but also in other holding facilities, including the Presidential
Special Department. The police also reportedly routinely and severely beat
persons accused of petty or more serious crimes. Such abuse is said to occur
immediately after detention, but can also continue for months throughout the
prolonged period of pre-trial detention. Detainees are reportedly frequently
detained in temporary holding facilities without being charged, well beyond the
3 to 10-day period prescribed by law, through frequent recourse to extensions.
During pre-trial detention, the police are said to pressure detainees either not
to seek counsel or to accept State-appointed government lawyers who may not work
for their clients' best interests. Furthermore, it is alleged that detainees who
are formally charged are transferred to remand prisons where they are held in
"isolation" as a "restraining measure". This is believed to contribute to abuse.
38.
Investigators have reportedly often refused requests from lawyers for
access to their clients in temporary holding facilities and remand prisons. The
Ministry of Internal Affairs, which has jurisdiction over the majority of pretrial detention facilities, is said to have also denied access. Lawyers are also
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