The detainees received privately made no complaints on the treatment
towards them by the TDP staff and detention conditions.
During the visits it was revealed that there is a need in installation of
boards enshrining in written the rights and duties of administratively
arrested persons, as well as prisoners, improving provision of detainees with
personal hygienic means and towels, bringing the quantity of stools in
compliance with the number of detainees, closing of a part of walking place
and improving the documentation. The issues were brought to the attention
of TDP and DPO administration, discussions on their elimination were held
and relevant recommendations were forwarded.
The mentioned shortcomings are based on demands of the national
legislation, also of several international documents. Thus, “if the persons
deprived of liberty are unaware of their rights, the police should inform the
arrested person about their rights with no delay and in understandable
language. For provision of this, the police should systematically provide the
arrested persons with the written forms enshrining properly their rights at
the beginning of arrest.”14 From this standpoint absence of written boards
enshrining the detainees’ rights and duties is a matter of concern.
At the same time, according to the relevant standards on detention
conditions, cell should be totally provided with leisure means (chair or
benches fastened to floor), the persons have to spend a night under arrest
should be provided with clean mattresses and cover.15
The purpose of the scheduled and ad-hoc visits held in Khatai DPO
TDP was to investigate the detention conditions and treatment, ensuring
rights of detainees in compliance with the Law of the Republic of
Azerbaijan on “Ensuring the rights and freedoms of persons detained in the
places of arrest” and Internal Disciplinary Rules in Temporary Detention
Places, as well as monitoring the conduction of documentation.
During the visits the detainees in the TDPs were held conversations
individually by the NPG members, their applications were received and
replied to, their rights and competences of the Ombudsman were explained;
legal advices were given. Alongside with this, the documents confirming the
legality of detention of those persons, also relating to the treatment and
detention conditions were investigated, the TDP cells were visited, the
documentation on nutrition, medical aid, walking, meetings, phone
conversations, carrying out of cell and parcels was inspected; existing needs
were learned as well.
The detainees made no complaints on the treatment of the TDP staff
towards them and on detention conditions.
14
The 2nd General Report on the CPT, CPT/Inf 2002, § 44.
The 12th General Report on the CPT, CPT/İnf 2002, § 47.
15
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