The Azeri penitentiary system is one of the most closed spheres even despite democratization of the state system and joining of the country to numerous conventions. Nevertheless, the things impossible during Soviet times or during the initial period of independence are possible today. There almost is not any serious obstacle for visiting of the jails by the human rights activists and journalist unions and the representatives of the international organizations. (12-NOV 2004)
Even so, in many cases, prison conditions remain harsh to the point of being life threatening, and prisoners have indeed died as a result. The majority of inmates rely on their families for food and medicine, and bribes are generally required for relatives to gain access. In maximum security prisons, authorities severely limit both exercise opportunities and lawyer and family visits. Some pre-trial detainees are kept in “separation cells” often located in basements, in which food and sleep reportedly are denied to elicit confessions with no physical evidence of abuse.
Tubercolosis the prime cause of inmates´ death
Arbitrary arrest and detention and lengthy pre-trial detentions also still remain major problems. After the election, authorities conducted a wave of politically motivated detentions and arrests of more than 700 election officials, opposition members, and journalists. By the end of the year, more than a hundred were still imprisoned. Even now, more than a year after the mass arrests, the Government continue to hold many political prisoners and infringe on citizens´ privacy rights. Conditions in some prisons, which the Ministry of Justice (MOJ) manage, remain harsh and sometimes life threatening. Overcrowding and poor medical care combine to make the spread of infectious diseases a serious problem. Tuberculosis (TB) continue to be the primary cause of death in prisons. According to the Government´s own figures from the end of 2003, approximately 800 detainees were undergoing treatment for TB. Due to unsystematic screening in prisons, treatment often only begins when the patients are already seriously ill. There are widespread and credible reports that authorities are withholding treatment from selected inmates, particularly political prisoners.
Improved access
There are separate facilities for men and women, juveniles and adults, and pretrial detainees and convicts. Deaths of inmates have occurred, in part due to harsh conditions and in some cases due to mistreatment by law enforcement personnel. During the year, the Government undertook a program to improve conditions in prisons; they remodeled some and built five new prisons. The International Society of Red Crescent (ICRC) has had access to all prisons since June 2000; and in 2002 the Government extended its agreement on access to all places and to all detainees, both sentenced and un-sentenced. The ICRC has access to prisoners of war (POWs) and civilians held in relation to the conflict over Nagorno-Karabakh. Foreign observers regularly receive permission to enter maximum security prisons to meet with alleged political prisoners. Some human rights organizations reported that authorities restricted their access to police stations and detention centers, though not prisons.
Strict regulations
Concerning the conditions of keeping of the prisoners, in accordance with the existing standards, 4 sq.m. are intended for one prisoner. Though this standards is followed in some jails, it cannot be said about the jail cell when 8-16 prisoners are kept in one cell. The European standard is 7 sq.m. per man is only in one of the buildings of the Gobustan jail. Parcels, meetings and call of the prisoners do not depend on the regime of keeping. Thus, under strict regime in jail they are allowed: 2 short meetings, 2 parcels and 12 calls a year. For life prisoners – 3 short and 1 long meeting, 4 parcels and 6 calls. Under usual jail regime – 4 short and 2 long meetings, 6 parcels and 12 calls. In the common regime colony – 24 short and 3 long meetings, 24 parcels and 12 calls.
Prisoners pay for their own health care
In the strict regime colony – 12 short and 2 long meetings,12 parcels and 12 calls. In the strict regime colony – 6 short and 2 long meetings, 8 parcels and 12 calls. In the colony for under ages (common regime) – 48 short and 8 long meetings, 48 parcels and 12 calls. Under strict regime – 24 short and 3 long meetings, 24 parcels and 12 calls a year. However, the visitors should pay for the visit which is allowed by law. Concerning medical service, according to law protectors there is lack of doctors. But it is allowed to bring the doctor and to buy medicines. They should pay for being out into hospital or central clinic. With paying bribe, the prisoner can be placed in better cell. They pay for the visit of relatives and for having meeting in the room with good conditions.
At the same time, in some prisons the newspapers and radio are accessible. However, bringing of TV and mobile phone to the cell cost more approximately $10 a month. The more strict is the regime – the higher are the rates.
A culture of violence and bribing
According to the Director of the Azerbaijan Human Rights Center (AHRC) Eldar Zeynalov, violence towards the accused very often takes place due to money. More often those who do not pay to observers are brutally beaten. The people who are less interested on the part of human rights activists and nternational organizations suffer more. Still procedure infringements take place. For example, before trial they are tortured, prevent coming of the lawyer, there are violations in the conduction of expertise. The most popular disease in jails remains tuberculosis. The lawyer of a prominent prison stated that he was especially infected in jail where he was put with 5 diseased with tuberculosis. There are facts of cooperation of the lawyers with prosecutors. Most lawyers are mediators in taking bribes. Usually the lawyers appointed by the investigation work for investigators. The sum of bribe depends on the seriousness of crime.
Amnestys possible, but only if you can pay
Concerning amnesty, it usually takes place within 2-3 months. They should pay from $100 to $300 to be amnestied, Eldar Zeynalov believes. The sum may range from 50,000 up to 100,000 dollars – it depends on the personality and on the Article he or she is accused . But the official sources refute the opinion expressed above.
