E/CN.4/2001/66/Add.1
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following an escape attempt by two prisoners on 7 January 1999. These two prisoners were said
to have opened a large number of cells, encouraging others to join them. Twenty-eight guards
with their weapons and ammunition were then taken hostage by the prisoners while others were
seriously injured and at least one killed. On 8 January, the prisoners were reportedly provided
with a minibus. Later that day, it is alleged that armed units from the Ministries of Justice and
Internal Affairs opened fire on the bus as it was leaving the prison. As a result, nine prisoners
and a guard are said to have died, and over 20 people were said to have been wounded. An
investigation into the incident was reportedly ordered by the Procurator-General’s office.
62.
The Special Rapporteur received consistent information according to which detainees
suspected of involvement in this escape attempt were subjected to torture during
above-mentioned investigation. The names of several of them are known to the Special
Rapporteur. It is believed that alleged political opponents were mainly targeted. They were
allegedly severely beaten with wooden, rubber and metal truncheons by masked investigators in
civilian clothes in order to make them sign confessions either in Gobustan prison, or in an
unknown place of detention where they had been secretly transferred for interrogation. Those
who were kept in Gobustan are reported to have been taken to the punishment cell where they
remained for 45 days. This cell, now decommissioned, was alleged to be like a tunnel measuring
three by three metres where there was only refracted light. Twenty detainees kept naked were
reportedly detained there at the same time. According to the information received, they were
periodically taken to the Deputy Director’s office where they were severely beaten. Several of
them are believed to have thus been forced to sign confessions.
63.
They were also said to have been denied access to lawyers. A State-appointed lawyer is
believed to have first met some of them in November 1999. They did not receive any medical
treatment: some are reported to have received medical treatment from the Gobustan prison
doctor after their return from court. It is believed that medical examinations have not been
recorded. Several are said to have complained about the treatment they were allegedly subjected
to and to have asked for medical expertise during their trial which started on 25 January 2000.
Judges of the Supreme Court are said to have ignored their complaints and requests and to have
stated at the opening of the trial that, in any case, they were going to be punished. They were
reportedly charged, inter alia, with crime against the State and armed attack. On 29 March 2000,
they were reportedly sentenced to several additional years of imprisonment.
E. Excessive use of force by the police
64.
Prior to and during his mission, the Special Rapporteur received a number of reports
according to which law enforcement officials have on several occasions used excessive force,
especially in the handling of demonstrations organized by political opposition parties, in
particular in the context of elections.
65.
The Special Rapporteur received information according to which law enforcement
officials had used excessive force to disperse a rally organized by several political opposition
parties in Baku on 29 April 2000. According to official interlocutors, the authorities had told the
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