It is known that applications lodged by individuals detained in prisons,
investigation isolators and temporary detentions places shall be sent to the
Ombudsman within 24 hours without any censure51.
Similar provisions are also set forth in the Law on Ensuring Rights and
Freedoms of Individuals at Detention Institutions52and the Penal Execution
Code of the Republic of Azerbaijan53as well as Internal Discipline Rules of
related institutions.
However, some problems in realization of the rights of imprisoned
persons their right to communication at penitentiary facilities was also
observed in 2017. Such cases are faced both at prisons and investigation
isolators.
Individuals to their lawyers, authorities controlling over the work of
detention facilities and the Ombudsman, and replies obtained from these
authorities was violated by censuring them. These issues were raised before
the Ministry of Justice and in the reply letter, it was stated that letters sent to
the names of prisoners and the letters sent by them were opened by the
administration of the detention facilities in order to prevent transfer of
prohibited items, and the issue was taken under control.
It should be noted that faults were also observed in sending of letters
receiving to the address of the detained or arrested persons who left the
detention place to the place of residence of the detained or arrested persons
within maximum one day by the administrations of the detention facilities and
those issued were raised before the detention facilities.
Although significant work has been done for improvement of medical and
sanitary conditions of prisoners at detention facilities and realization of their
right to protection of health, there are still gaps. There is a formal nature of
daily control of the health of prisoners at detention facilities and control over
the sanitary and epidemiological conditions by the medical staff at the
detention facilities, making of corrections in the records kept in relevant
logbooks and incompliance of the records of application of special aids with
the relevant records kept in the logbooks of the detention facilities.
Creating of obstacles for transfer to treatment institutions in some cases,
resulting complications from non-operative work in medical examination and
treatment, inadequate attitudes towards the prisoners refusing to eat,
transferred to penal isolators or to whom special aids were applied were also
observed.
51
“The Constituion Law on the Commissioner for Human Rigths (Ombudsman) of the
Republic of Azerbaijan (28.12.2001), clause 8.5
52
Law on Guaranteeing of Rights & Freedoms of Individuals at Detention Facilities of the
Republic of Azerbaijan (22.05.2012), Clause 18
53
Penal Execution Code of Republic of Azerbaijan (14.07.2000), Clauses 83.2 and 83.5.
63
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