E/CN.4/2001/66/Add.1
page 7
noted the existence of two pitch-black cells behind this first room which were said by the head of
Nizami district police office not to have been used since independence. The Special Rapporteur
nevertheless noted the presence in these cells of graffiti on the walls bearing names and recent
dates, such as 4 July 1999 and 24 January 2000. A cigarette butt and some bones with the
remains of cooked meat on them were also present in the cells, which had obviously been used
recently. When asked, the police officers said that some of their colleagues may have been using
the cells and may have written the graffiti. Subsequently, the Special Rapporteur found in the
register on the entry for 24 January 2000 the same name as the one on the wall. It was explained
to him that this was a very common name in Azerbaijan and was the name of the head police
officer’s driver, who may have been responsible for the graffiti. This explanation was not
convincing. The Special Rapporteur was not able to look into several cabinet files in
investigators’ offices which were closed at the time of his visit and could not be opened since the
officers holding the keys were away. In one of the offices behind the reception desk, the Special
Rapporteur noted the presence of wooden and metal bars. He was told that these were leftover
construction materials from the renovation of the building.
17.
On the same day, the Special Rapporteur visited the Sabunçu district police office.
Nobody was being held there at the time of his visit. In one of the investigator’s offices, the
Special Rapporteur found a crow bar and a knife. It was explained that they had been used to fix
a broken chair. The Special Rapporteur noted that in the register a certain number of entries had
no information with respect to the date and time of release or transfer of persons having been
brought in. According to the officers present, a notification could not be entered into the register
as long as the paperwork was not completed. The head of this office recognized that the fact that
the persons had been sent back home should have been recorded. He indicated that the officers
responsible would be reprimanded for this omission. Other minor mistakes were noticed by the
Special Rapporteur, such as two individuals being brought in at 8 a.m. with respect to a
complaint filed the same day at 10 a.m. Except for the cases where there was no entry indicating
when the persons had been transferred or released, 41 persons had been detained in this police
station and, according to the register, kept for up to three hours.
18.
The Special Rapporteur also visited the unit No. 12 of the Sabunçu district police office
where he observed the presence of three pitch-black cells. According to the officers in charge of
the unit, no light was necessary because persons could only be kept there for three hours. The
Special Rapporteur was not reassured by this explanation.
19.
The Special Rapporteur was shown some videotaping material used to record evidence,
which was then produced in court. Officials of the Department to Combat Organized Crime
informed him that they were also using that kind of material in their investigations. According to
the information received, interrogations during preliminary investigation are sometimes
recorded. This was said to be done at the exclusive discretion of the investigator.
20.
The Special Rapporteur noted a candid remark made by the officer-in-charge of Baku
City Police unit No. 9 at the time of the visit, who said that for the last few months police
officers had been trying to be more careful in respecting the rules. It is the Special Rapporteur’s
belief that positive changes have indeed occurred in the past months.