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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