Alongside with this, the practical application of several norms of the
legislation basing on the international standards was achieved. Thus,
according to the Rules on rendering of medical and psychological care to
detained or arrested persons, as well as their detention in medical facilities
affirmed by the Decision No. 67 of the Cabinet of Ministers dated April 18,
2013, medical staff performs medical examination without participation of
others. In exceptional circumstances, such examination is conducted with
participation of a police officer to ensure security of physician and to avoid
that the detainee causes harm to himself.
With regard to this question, according to the response letters by the
MIA, revealed drawbacks were eliminated; all regional police bodies were
supplied with books on medical records; also separate team of physicians
was allocated to regional health institutions to take preliminary medical
examination; furthermore, the necessary measures were undertaken jointly
by the MIA and Ministry of Health (MH).
According to the legislation, before placement in TDPs, the detained and
arrested persons are subjected to medical examination and personal hygiene
treatment; as well as information about refusal from medical requests or aid
is officially recorded. According to the medical certificate, the detainees,
whose custody conditionsare not considered advisable, are sent under the
escort to the health institutions of MH for medical treatment.
The important issues like strict adherence to rule of law and ensuring
human rights and freedoms in the process of bringing in, detention and
application of disciplinary measures in police custody were kept under the
control by MIA based on the recommendations and proposals of the NPM.
Consequently, it was detected that as it was mentioned above in most
TDPs the detention conditions were brought into compliance with
international standards; new detention places were constructed; the number
of claims of cruel treatment during preliminary detention decreased;
relevant normative legal acts were improved from human rights standpoint;
the control and care over detention places were strengthened; as well as
other positive developments have been achieved.
Regarding the revealed delinquencies, the motions to MIA by
Commissioner as the NPM, have been focused attention on; the
delinquencies were eliminated; guilty persons were punished under the
legislation and the police bodies were informed accordingly, which is a
contribution to an efficient cooperation.
The NPG members held visit without prior notification to Absheron
DPO TPD in compliance with the OPCAT demands. During this visit all
cells of the TDP were monitored, the detainees were received individually,
as well as relevant documentation and registration journals were revised.
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