The Council of Europe’s Committee for the Prevention of Torture (CPT) has today published its first report on Azerbaijan, together with the Government’s responses. The report concerns the CPT’s periodic visit to Azerbaijan in November/December 2002.In the report, the CPT concludes that people detained by the police in Azerbaijan run a significant risk of being ill-treated. The Committee recommends that a high priority be given to professional training for police officers and that the legal safeguards against ill-treatment (such as notification of custody, access to a lawyer and access to a doctor) be applied as from the very outset of deprivation of liberty. (09-Dec-2004)
Shorcomings
According to this large document, serious violation of human rights in this sphere take place in Azerbaijan. The report also highlights serious shortcomings in the conditions of detention at several police detention centres, especially in Lenkoran.
The report was drawn up on the basis of the visit of the delegation of the ECPT in the end of 2002. Then the delegates visited: Temporary detention center N1 and 2 of the Police Directorate of the City of Baku, reception and distribution center for the minors of the Police Directorate of the City of Baku, Khatai and Binagadi districts of the police division NN 5,19,21,22 and 39 of the capital, temporary detention center in Ganja, police station of Nizami District of Ganja, temporary detention center of Lenkoran and Masalli.
The delegated visited the temporary detention center of the Ministry of National Security, Bayil, investigative isolator of Ganja, Central Penitentiary hospital, specialized medical establishment N3 for prisoners suffering from Tuberculosis, center for forensic psychiatric assessment in M Mashtaga, disciplinary unit (hauptvacht) of Baku Garrison in Baku, Ganja and Lenkoran, hauptvacht in Jalilabad and Lenkoran.
Corruption and anarchy
During the visits the delegates fixed numerous allegation from detained to the effect that they had been asked to pay money to the police officers in return for release from custody or to medicines. The most inhuman conditions were fixed in the temporary detention center in Lenkoran with cold and wet cells without light and absolutely bad for keeping the detained. It seems that the conditions in the Baku isolator N1 and in other places are not better.
The delegates fixed numerous cases of keeping of people by police over 72 hours what is brutal violation of law.
During visit the police stations and the isolators the delegates fixed numerous cases of ill-treatment and tortures, as well as sexual violence against them or their relatives in order to make them to confess to a crime or provide information.
The law-enforcement bodies should provide fundamental rights of the detained to contact with relatives , lawyer and appeal to doctor. Besides, the delegates fixed similar violations in the military units. In respect with the above mentioned the delegates recommend the authorities of Azerbaijan to take “urgent steps” for elimination of the above mentioned violations and to inform the EC within 6 months about the taken measures.
The authorities should provide access to the people in custody the representatives of remedial organizations, of NGO and to rise the wage of policemen , to arrange regular training for them and to explain their rights and obligations, to prevent the facts of corruption, to repair the isolators, and to demand strict following of the international legislation in this sphere and many other things.
Conditions improved, says Azerbaijani gov’t
As regards prisons, the CPT acknowledges the efforts made to improve conditions of detention. However, at Investigative isolators No. 1 in Baku and No. 2 in Ganja, the CPT observed overcrowding and a lack of constructive activities for inmates. A number of shortcomings were also found as regards material conditions at the psychiatric ward of the Central Penitentiary Hospital in Baku.
In their responses to the report, the Azerbaijani authorities highlight the measures taken to improve police training and step up control of police activities. Reference is also made to the refurbishment of police detention centres. Various steps aimed at reducing the prison population and improving detention conditions are also reportedly under way.
Rich database
It must be noted that the report is fundamental collective research on 83 pages giving exact information about the situation in the detention places in Azerbaijan and on the situation of the detained. The CPT’s report and the Government’s responses, which have been made public at the request of the Azerbaijani authorities, are available on the committee’s website: http://www.cpt.coe.int