During the investigation of the mentioned issue this was detected that such
cases existed not only in the Prison but also in several penitentiary institutions and
investigation isolators. The majority of the letters from the penitentiary
institutions are received to the address of the Commissioner with covering letter
signed by the head of the institution, and the letter in a closed envelope sent to
inmate was opened and after acquaintance of inmate and his/her relevant signature
was added to his/her personal file.
Such cases cause to violation of the demands of the Article of 8.5 of the
Constitutional Law of the Republic of Azerbaijan on the Commissioner for
Human Rights (Ombudsman) of the Republic of Azerbaijan”, of the Articles of
83.2 and 83.5 of the Code of Execution of Punishments. The proposal given on
this issue was regarding the necessity of undertaking the measures for
investigation of the issue subjection to censorship of appeals sent by lifesentenced inmates or inmates sentenced to certain period of confinement to their
defenders or other persons lawfully rendering them legal assistance, to the bodies
realizing control over the activity of penitentiary institutions and to the
Commissioner for Human Rights, as well as the responses received from them
and prevention of occurrence of such cases in future.
During investigation of receiving social allowances this was revealed that as
some of inmates didn’t have documents confirming their identity they were not
able to enjoy this right.
As a result of investigation conducted by us this was revealed that the
majority of inmates who are citizens of the Republic of Azerbaijan didn’t have
identity cards at all. In order to provide the inmates who don’t have the ID card of
the citizen of the Republic of Azerbaijan the issue was raised before concerning
bodies (the appeal in connection with the mentioned issue was sent to the Ministry
of Internal Affairs, ASAN Service).
As a result of monitoring in the penitentiary institutions and analyses of
legislation regarding application of special means this can be concluded that there
are possibilities of abuse while application of these means. This is connected with
limitation of detailed normative regulation on their implementation and ultimately
can increase the risk of subjection to ill-treatment or punishment of a detained
person.
From our side, this were proposed that there is a need in enshrining of the
duties of staff members of the penitentiary institutions during application of
special means in the Instruction “On Safety Measures in the penitentiary system
of the Republic of Azerbaijan and Rules of their application”, also in
improvement of rules of application of these means in compliance with the
Paragraph 33 of the UN Standard Minimum Rules for the Treatment of the
Prisoners, Paragraphs 68.2 and 68.3 of the European Penitentiary Rules, at the
same time with the standards of the European Committee for the Prevention of
Torture.
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