The point brought up as a problem by both international organizations and
local human rights defenders for a long time that no-one is brought to
responsibility for having inflicted torture is truly a matter of concern. In this
respect, the Commissioner has held consultations and discussions with the
relevant bodies and brought to the fore the importance of taking necessary
measures for improving the situation in this field. The Commissioner has
appealed to the Office of the Prosecutor General of the Republic of Azerbaijan
regarding the above mentioned, as well as requested to thoroughly, completely
and objectively re-investigate cases the objectivity of the investigation of
which is doubtful.
The Office of the Prosecutor General of the Republic of Azerbaijan has
informed that during the discussion of the 3rd periodic report of the Republic
of Azerbaijan under the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment at the 43rd session of the UN
Committee against Torture the Committee members called our delegation’s
attention to the fact that the notion of the infliction of torture as defined in
Article 133 of the Criminal Code of the Republic of Azerbaijan did not fully
comply with Article 1 of the Convention concerned. As such, that in contrast
to Article 1 of the Convention, the words “for any reason based on
discrimination of any kind” that characterize one of the existing motives of
torture are not reflected in the disposition of Article 133.3 of the Criminal
Code of the Republic of Azerbaijan has been viewed by the Committee
members as a factor obstructing the application of the requirements of the
Convention and our delegation has been recommended to bring the disposition
of Article 133.3 in line with those requirements. Taking into consideration the
importance of bringing Article 133.3 of the Criminal Code of the Republic of
Azerbaijan, that specifies as an offender an official or a person acting at
his/her instigation, in full conformity with the provisions of the UN
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Office of the Prosecutor General of the Republic
of Azerbaijan has prepared relevant proposals for differentiating that article
from Articles 133.1 and 133.2 that mostly deal with domestic violence, i.e.
specifying it as a separate norm and sent them to the relevant bodies.
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