magazines; to receive and send to close relatives money; to enter into or annul a marriage; to talk
on the phone for up to 15 minutes twice a week; to watch TV, etc.39
The adoption of this Law has also facilitated the initiation of several other normative
legal acts40, as well as some acts in force have been amended41. Moreover, it is expected that the
Cabinet of Ministers will shortly approve the Internal Disciplinary Rules in Detention Facilities
as developed by the MJ.
The next effective step made within the legislation to prevent torture was the amendment
made to the CC to more broadly define an offence of torture in compliance with the Convention.
After the amendments, Article 293, which stipulates criminal responsibility for compulsion to
give evidence, has been given in new wording. As such, an official or anyone acting in an
official capacity, or other persons at the instigation of or with the consent or acquiescence of an
official, shall bear criminal liability for inflicting torture, as well as subjecting an individual to
cruel, inhuman or degrading treatment or punishment in connection with performance of his/her
official duties. Alongside the above mentioned, that it is unacceptable to apply to a person, that
has committed a crime, punishment and other criminal - legal measures that are of torture or
other cruel, inhuman or degrading nature or purpose has been defined as a constituent part of the
CC and the principle of humanism which is one of the principles of criminal liability.42
As a result of the numerous talks held with detainees during the visits conducted in 2012
and analysis of the relevant legislation it has been determined that it is necessary to reform the
legal regulation of contacts between convicts and their relatives and other persons taking into
consideration that maintaining social relationships has a positive impact on the rehabilitation of
convicts.
It should be firstly mentioned that although there is no direct instruction in this regard in
the EPC, the IDR does not allow inmates serving their sentences in different penitentiary
institutions to meet with each other43. However, it is deemed that, irrespective of organizational
39
Law of the Republic of Azerbaijan on Ensuring the Rights and Freedoms of the Individuals Held in Detention
Facilities (22.05.2012, No. 352-IVQ), Articles 15, 19.6, 19.7.
40
Decision of the Plenary Board of the Ministry of Justice of the Republic of Azerbaijan on the Approval of the
“Guidance on the Rules for Escorting Detainees and Convicts” (29.12.2012, No. 31-N); Decision of the Plenary
Board of the Ministry of Justice of the Republic of Azerbaijan on the Approval of the “Guidance on Detention
Conditions and Force Feeding of Convicts and Detainees that Refuse to Eat in Penitentiary Institutions”
(29.12.2012, No. 32-N); Decision of the Plenary Board of the Ministry of Internal Affairs of the Republic of
Azerbaijan on the Approval of the “Guidance on Safeguarding and Escorting Persons Detained in Temporary
Detention Places of Police Bodies” (14.01.2013, No. Q1-001-13);
41
Decision of the Plenary Board of the Ministry of Justice of the Republic of Azerbaijan on the Amendment of the
“Guidance on the Organization of the Registration of Accused and Convicted Persons in Investigation Isolators and
Prisons” approved by Decision No. 7-N of 29 December 2011 of the Plenary Board of the Ministry of Justice of the
Republic of Azerbaijan (29.12.2012, No. 34-N);
42
Law of the Republic of Azerbaijan on Amending the Criminal Code of the Republic of Azerbaijan (29.06.2012,
No. 405-IVQD)
43
IDR, clause 30.2
38
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