A/HRC/4/33/Add.2
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example, it appears that there is still no obligation on magistrates, judges and prosecutors to ask
a person brought from custody about the treatment he/she received, confessions obtained in the
absence of a lawyer are admissible in court, and legal aid is still insufficient. The Special
Rapporteur welcomes that the penitentiary administration cooperates with the non-governmental
organizations (NGOs) in monitoring the situation in places of detention. In this regard he calls
upon the State party to accede to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and to establish the national
preventive mechanisms as required.
6.
Recommendation (a) stated: The Government should ensure that all allegations of
torture and similar ill-treatment are promptly, independently and thoroughly investigated
by a body capable of prosecuting perpetrators.
7.
The Government informed that, in the framework of democratic reforms, complex
measures aimed at improving the work of the penitentiary system, including the reform of
legislative bases regulating this sphere, is underway. These measures are being taken in close
cooperation with international organizations and representatives of civil society. As a result of
the reforms, the Department on Internal Investigations at the Ministry of Internal Affairs has
been charged with ensuring that the acts of its employees are in compliance with the legislation
and respect human and citizens' rights. This Department is also in charge of investigating
complaints and other information received about violations of the legislation and unlawful acts
by police. At the same time, a Decree of the President, dated 30 June 2004, established an
Internal Security Department within the Ministry of Internal Affairs in order to ensure interagency control over police activities, including prevention of abuse of power, and the authority
to take relevant measures against perpetrators. A hotline aimed at identifying unlawful activities
of employees of law enforcement agencies started functioning in September 2005.
8.
Recommendation (b) stated: Prosecutors should regularly carry out inspections,
including unannounced visits, of all places of detention. Similarly, the Ministries of Internal
Affairs and of National Security should establish effective procedures for internal
monitoring of the behaviour and discipline of their agents, in particular with a view to
eliminating practices of torture and ill-treatment; the activities of such procedures should
not be dependent on the existence of a formal complaint. In addition, non-governmental
organizations and other parts of civil society should be allowed to visit places of detention
and to have confidential interviews with all persons deprived of their liberty.
9.
The Government informed that, as a result of the reforms in the penitentiary system,
detention centres in Azerbaijan opened up to human rights organizations. An agreement between
the Government and the International Committee of the Red Cross (ICRC), signed in 2000,
allowed ICRC delegates to visit detention centres without obstruction. The results of inspections
have been discussed, and steps have been taken to bring temporary detention centres in line with
modern standards. Azerbaijan is a party to a range of important conventions in the sphere of
human rights, including the United Nations Convention against torture and other cruel, inhuman
or degrading treatment or punishment. Joining the European Convention against Torture gave the
opportunity to the European Committee for the Prevention of Torture (CPT) to visit all detention
facilities in the country. So far the representatives of CPT made two short-term visits and one
long-term visit to Azerbaijan and made recommendations to the Government.