detention places shall be sent to the Commissioner without censorship within 24 hours.36 Such provisions are envisaged in the Law of the Republic of Azerbaijan on “Ensuring the rights and freedoms of persons kept in the places of detention”37 and the Code on Execution of Punishments38. According to the international experience the right to respect to secret personal correspondence assumes high importance in ensuring the delivery of information on ill treatment to relevant bodies. The states shall provide all resources for ensuring the right of persons deprived of liberty to correspondence. There is a need in carrying out relevant measures for elimination of such cases in the Republic of Azerbaijan as well. The CPT recommends ensuring delivery of all claims and information about ill treatment to the authorized bodies, as well as proposes additional measures with this regard. Thus, “Apart from the possibility for persons to lodge complaints directly with the agency…; appropriate forms should be introduced for acknowledging receipt of a complaint and confirming that the matter will be pursued.”39 From this standpoint the Commissioner recommends increasing the control over ensuring the right of persons deprived of their liberty to correspondence and of the confidentiality as one of the tools to prevent ill treatment. The Commissioner is of the opinion that there is a need in enshrining in the “Instruction on security measures and their application rules in the penitentiary system of the Republic of Azerbaijan” of the duties of penitentiary institution staff when application special means and, at the same time, in improvement of the rules of application of those means in compliance with the UN Standard Minimum Rules for the treatment of the prisoners, European Prison Rules, at the same time CPT Standards.40 Thus, this measure would be important for non allowance of abuse in application of special means. The analysis of applications addressed to the Commissioner, meetings with persons received during the visits, calls on the relevant Hot-Line of the Ombudsman show that there are cases of violations of the rights relating the meetings of persons deprived of liberty with family members and relatives, reception of parcels and phone conversations. Thus, realization of these 36 The Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan (28.12.2001), Article 8.5 37 The Law of the Republic of Azerbaijan on Ensuring the Rights and Freedoms of persons kept in detention places (22.05.2012), Article 18; 38 The Code of the Republic of Azerbaijan on Execution of Punishments (14.07.2000), Articles 83.2 and 83.5; 39 The 14th General Report on the CPT activities. CPT/Inf (2004) para. 28-38; 40 The UN Standards Minimum Rules for the Treatment of Prisoners, para.33; European Prison Rules Para. 68.2 and 68.3. 66

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