Penitentiary system of Azerbaijan 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 the 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)
In many cases, the prison conditions remain harsh and life threatening and some prisoners died as a result of these conditions. Majority of the prisoners have to rely on their families to provide food and medicine, and bribes generally were required for families to gain access to imprisoned relatives. Authorities severely limited lawyer and family visits and exercise in maximum security prisons. Some pre-trial detainees were kept in “separation cells” often located in basements, in which food and sleep reportedly were denied to elicit confessions with no physical evidence of abuse.
Arbitrary arrest and detention and lengthy pre-trial detentions still remain to be 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; more than 100 remained in custody at year´s end. The Government continued to hold many political prisoners and infringed on citizens´ privacy rights.
Conditions in some prisons, which the Ministry of Justice (MOJ) manage, remaine harsh and sometimes life threatening. Overcrowding and poor medical care combined to make the spread of infectious diseases a serious problem. Tuberculosis (TB) continued to be the primary cause of death in prisons. By year´s end, approximately 800 detainees were undergoing treatment for TB, according to the Government. Due to the absence of systematic screening in prisons, patients often started treatment when already seriously ill. There were widespread and credible reports that authorities withheld medical treatment from selected inmates, particularly political prisoners.
There were separate facilities for men and women, juveniles and adults, and pretrial detainees and convicts. Deaths of inmates 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.
Concerning the conditions of keeping of the prisoners, in accordance with the existing standards, 4sq.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.
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.
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.
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 is accused . But the official sources refute the opinion expressed above.
