E/CN.4/2001/66/Add.1
page 16
57.
According to non-governmental sources, the problem of TB in the penitentiary system is
partly due to the slow and incorrect diagnoses of detainees demonstrating the symptoms.
According to the governor of Gobustan prison, and as confirmed by the medical records of the
detainees concerned, nine detainees had died since the beginning of the year. Seven, of whom
six were lifers, were said to have died from TB. It should be noted that the total population of
lifers in Gobustan prison was less than 100. This rather high rate of death from TB amongst
lifers was explained by the Deputy Minister by the fact that TB is very widespread in pre-trial
detention centres where sick detainees were not segregated from others. The governor also
explained that TB had become more resistant to treatment and that a virulent form of TB could
kill in a few days without allowing the prison authorities time to transfer the infected prisoners to
an appropriate medical unit. According to medical doctors consulted by the Special Rapporteur
after the mission, a proper programme of detection and treatment could well reduce deaths
from TB to zero. Such results were said to have been reached in another country of the region.
It was also explained to the Special Rapporteur that there is no such virulent form of TB which
would prevent prison authorities from transferring sick detainees to an appropriate medical unit
long before their lives would be in danger. According to information received, the Ministry of
Health was refusing to apply the relevant WHO recommendations. The Deputy Minister
affirmed that all deaths in prison were examined by forensic medical specialists and an
investigation undertaken by the prosecutor’s office.
58.
The Special Rapporteur noted that the punishment book invariably indicated the reason
for the punishment as “breaking the rule”, without any details given. The length of punishment
varied from 5 to 15 days. It was explained to the Special Rapporteur that three days’ punishment
period was the most common, but that the governor of the prison had the right to extend that
to 15 days depending on the rule which had been violated by the prisoner. The Special
Rapporteur notes with concern the lack of proper recording with respect to punishment decisions
which therefore could appear as arbitrary.
59.
The Special Rapporteur paid a very quick visit to the labour reformatory colony No. 1
where he was impressed by the efforts made to accommodate short and long-term visits.
Unfortunately, he did not have sufficient time to undertake a proper visit.
60.
Finally, the Special Rapporteur received information from non-governmental sources
according to which the number of torture allegations from the administrative detention centre
known as “Black City”, where those detained under an administrative order are held, had
dropped considerably since 1996. A “secret” investigation by the General Prosecutor’s Office
which reportedly led to the dismissal of all senior officials working in that institution is believed
to be the reason for the change. While the Special Rapporteur welcomes this information and the
initiative taken by the General Prosecutor’s Office, he regrets that there seems to have been no
publicity on this case. No information on subsequent legal actions against alleged perpetrators of
torture is available. The General Prosecutor indicated that the system of administrative detention
was in the process of being abolished.
2. Individual cases
61.
Prior to the mission, the Special Rapporteur had received information according to
which 11 prisoners and two guards had died during disorders at Gobustan prison in January 1999
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