CAT/C/35/D/247/2004
Page 6
2.14 After the commutation of his death sentence in 1998, the complainant was
allegedly held “in isolation” for another 6 months and was unable to meet with his
family during this period.
2.15 The complainant alleges that because of the above- mentioned reasons, he was
unable to, and was indeed prevented from, exhausting all available domestic
remedies:
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Since 1997, his counsel has published a series of articles in different
newspapers, in relation to the complainant’s situation and the situation of other
death row prisoners, using information provided by the complainant.
However, no inquiry followed, nor was any prosecution instituted.
-
In October and December 2002, several prisoners serving life sentences in
Gobustan prison, including the complainant, filed complaints in the Gardaksy
district court and in the Court of Appeal, denouncing the deplorable conditions
of detention and the ill- treatment they had been subjected to. However, the
tribunals referred to examine these complaints on the ground that the
claimants’ signatures had not been certified by the prison authorities. Many
prisoners, such as the complainant himself, never received a reply from the
courts.
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It is stated that the Ombudsman visited the prison on several occasions, but in
spite of the complainant’s request, he was unable to meet with her.
2.16 The complainant alleges that he believes that, in the light of the facts outlined
above, any further communication with the judiciary authorities of Azerbaijan would
be futile and would subject him to supplementary pressure and intimidation, or even
his physical disappearance as an important witness.
2.17 According to the complainant, he had not been hospitalized during his
detention. He was examined on 15 November 2003 by a Medical Commission. On 7
January 2004, he received the results and the diagnosis of the Medical Commission:
“situational neurosis, elements character psychopathia”. The complainant claims that
on 8 January 2004, when he examined his medical record sheet, he discovered that it
had been changed with new type of medical form, and that the information from his
previous medical records had not been recorded. Thus, according to him, no record
was kept of his illnesses in 1994-2002 (hemorrhoids, rheumatism, neurosis, “attacks”,
and a cerebral attack in 1999)2 . The complainant alleges that his record card was
substituted to prevent any possibility for him to seek compensation for the diseases
suffered.
2.18 The complainant applied to the European Court of Human Rights (application
No. 34132/03 of 29 October 2003, declared inadmissible on 29 April 2005). However,
according to him, the allegations before the European Court relate only to the period
following the allegations of the present communication, i.e. after 10 February 1998 3 .
2
According to the complainant, the medical card of his cellmate, G., who had suffered form different
diseases, including tuberculosis, was completely blank.
3
The European Convention for Human Rights has entered into force for Azerbaijan on 15 April 2002.