E/CN.4/2006/6/Add.2 page 4 preliminary investigations into the allegations. However, torture and ill-treatment continues to be carried out frequently in places of pre-trial detention, and to a lesser extent in post conviction prison facilities. They report that allegations regarding torture and ill-treatment are not being investigated in an independent and thorough manner and alleged perpetrators and not being prosecuted. 6. 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 confidential interviews with all persons deprived of their liberty. 7. According to information received from NGOs, NGOs do get access to places of detention in some instances. However, their access is limited and at the discretion of the authorities. The Government has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 8. Recommendation (c) stated: Magistrates and judges, like prosecutors, should always ask a person brought from police custody how they have been treated and be particularly attentive to their condition. 9. According to information received from NGOs, this recommendation is not being implemented in practice, even in cases where detainees actively volunteer allegations of torture or ill-treatment. According to NGOs that have conducted trial monitoring in Azerbaijan, it is possible to identify a pattern whereby judges fail to take the allegations seriously and do not initiate detailed investigations into the allegations. 10. Recommendation (d) stated: Where there is credible evidence that a person has been subjected to torture or similar ill-treatment, adequate compensation should be paid promptly; a system should be put in place to this end. 11. According to information received from NGOs, it has not been possible to obtain information on any case where a person has been awarded compensation as a result of torture or ill-treatment. 12. Recommendation (e) stated: Confessions made by a person under police detention without the presence of a lawyer should not be admissible as evidence against the person. 13. According to NGOs that have conducted trial monitoring in Azerbaijan, the courts continue to rely on confessions that may have been obtained by torture or ill-treatment. It is possible to identify a pattern whereby judges fail to take allegations seriously and do not initiate detailed investigations into the allegations.

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