CAT/C/39/D/308/2006 Page 8 presidential pardons during 2004 and 2005; (b) according to the Azerbaijani Department of Internal Affairs and human rights observers, in 2005 criminal proceedings were initiated and disciplinary measures taken against policemen and other government officials found guilty of human rights violations; 4 (c) initiatives are being taken to train police officers and other government representatives with the support of the OSCE and other organisations; (d) in 2002 Azerbaijan established an Ombudsman's office and (d) the same year, torture was defined as a crime in the new Criminal Code and carries a punishment of seven to ten years’ imprisonment. 4.4 The State party concedes that although positive results have been achieved, Azerbaijan is still reported as committing numerous human rights abuses, including arbitrary detentions, beating and torture of persons in custody committed by members of the security forces. Corruption is widespread.5 4.5 The State party refers to the 2005 US Department of State report, according to which some of the approximately 20.000 persons of Armenian ethnicity living in Azerbaijan have complained of discrimination and Azerbaijani citizens of Armenian ethnicity often choose to hide their ethnicity by having their ethnic designation changed in their passports.6 According to a survey conducted in 2003 by UNHCR Implementing Partner, the treatment of ethnic Armenians varies from community to community. Reports of discrimination are frequent and include access to government jobs, payment of pensions and other social benefits, and more generally problems with the authorities when claiming one's rights. Discrimination in the workplace is also common.7 The UNHCR concludes that while discrimination against ethnic Armenians is not a proclaimed official policy in Azerbaijan, there is clearly a certain amount of discrimination against them in daily life that is tolerated by the authorities. According to the UNHCR, however, such discrimination is not such as to amount to persecution per se, but in individual cases it is possible that the cumulative effect amounts to it.8 4.6 Regarding the issue of discrimination, the State party points out that Azerbaijan has acceded to the International Convention on the Elimination of All Forms of Racial Discrimination and made a declaration recognising the Committee's competence to receive communications under article 14 of the Convention. Azerbaijan has also ratified the framework Convention for the Protection of National Minorities. The Advisory Committee noted that Azerbaijan made commendable efforts in opening up the personal scope of application of the Framework Convention to a wide range of minorities; however, the Nagorno-Karabakh conflict between Azerbaijan and Armenia and its consequences have considerably hampered the efforts to implement the Framework Convention.9 Azerbaijan has enacted new legislation containing anti-discrimination provisions, including the Criminal Code and the Criminal Procedure Code. 4 Reference is made to the 2005 US Department of State report, "Azerbaijan, Country Reports on Human Rights Practices". 5 Reference is made to the 2006 Report on Human Rights 2006 issued by the Swedish Ministry of Foreign Affaire, the 2006 US Department of State Country Reports on Human Rights Practices 2006 and the 2006 Amnesty International Annual Report 2006. 6 Supra n.4. 7 UNHCR, "International Protection Considerations Regarding Azerbaijani Asylum-Seekers and Refugees", September 2003, para.117. 8 Ibid, para.124. 9 ACFC/INF/OP/I(2004)001.