CHAPTER 3.
LEGAL ANALYSIS
Efficient organization of legal analysis is one of the important tasks standing
before the Commissioner. The proposals and recommendations worked out and
prepared on the both legislation and the organizational issues as a result of legal
analysis of norms touching in this or that way the interests of persons deprived of
liberty are sent by the Commissioner to concerning state bodies and mostly they
found their positive solution.
In comparison with previous years, improving in 2014 of existing normative
– legal base in order to ensure more efficient prevention of tortures taking into
account the proposals of the Commissioner can be considered as one of important
factors.
From the standpoint of ensuring the independence of national human rights
institutions, the Commissioner of Azerbaijan is not related to any branch of the
government (legislative, executive, judicial) and builds the activity basing on the
principles of publicity, transparency, rule of law, justice and impartiality.
The legal reforms in the justice system, at the same time the measures
realized in the direction of improvement of activity of penitentiary institutions are
evaluated positively by us and this should be noted that there is a need in
continuation of works in this sphere.
The Commissioner put forward several proposals and recommendations
regarding solution of problems revealed as a result of visits carried out by the
NPG to the Penitentiary Service institutions, as well as Medical Institution of the
Ministry of Justice.
During the investigation regarding the right to access to information of
persons receiving treatment in the PS Medical Institution, this was revealed that
lying patients were not able to enjoy this right as there were not TV set in the
wards. Thus, watching TV programs by inmates is possible only in special rooms
of the institution. This is advised to install TV sets in the Medical Institution of
the Penitentiary Service and Specialized Medical Institution.
During the investigation regarding the correspondence of inmates this was
revealed that in many cases, the appeals sent by the inmates to their lawyers or
other persons lawfully rendering legal aid, to bodies carrying out control over the
activity of penitentiary institutions and to the Commissioner, as well as the
responses received from those bodies pass censorship and the conspiracy is
violated. Especially, the life – sentenced inmates, serving their sentences in the
Prison stated that their correspondence was under control, as a proof the responses
to their letters pass registration and stamped, the copies of answers are added to
their personal files and they put they are made to put signature in relevant journal.
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