In their alternative report, the members of the South Caucasus Network of Human Rights Defenders among other cases referred to the restriction of timely medical and legal assistance to Emin Milli and Adnan Hajizade, well-known bloggers and youth activists, during their detention. The alternative report also underlined the cases of the death of Novruzali Mammadov and Mahir Mustafayev in prison, resulting from the delay of medical aid. The Committee has highlighted these cases in the Concluding Observations and call upon the authorities to take effective measures to ensure that in practice, all detainees in all detention and remand centers are guaranteed immediate access to an independent legal counsel and to an independent medical examination.
A central registration system for all detainees in accordance with the recommendations of the European Committee for the Prevention of Torture shall be improved. The Committee calls upon the authorities to promptly, thoroughly and impartially investigate all incidents of death and torture in custody and prosecute the responsible for these violations. Further, the Committee stresses the importance of giving non-restricted access of the public defenders to the detainees. To prevent torture and ill treatment, systematic use of audio and video equipment in police stations and detention facilities should be implemented.
The Committee has further called upon Azerbaijan to:
· bring its definition of torture fully into conformity with the Convention, to ensure that it is possible to prosecute all public officials and others responsible for torture or other ill treatment.
· conduct prompt and impartial investigations into the allegations of violence against journalists and human rights defenders, and prosecute and punish the perpetrators.
· ensure that the Ombudsman’s Office is functioning as an independent body and enable it to investigate all complaints of torture and ill treatment in practice.
· guarantee the full independence and impartiality of the judiciary in accordance with the basic principles of independence of judges as underlined in previous recommendations.
· speedily enact the draft law on domestic violence and adopt measures to prevent domestic violence in practice, and give access to medical, social and legal services, temporary accommodation, and compensation and rehabilitation.
The Concluding Observations reflect that the Government does not take sufficient measures to prevent the above-mentioned violations. We urge the government of Azerbaijan to follow the CAT recommendations voiced in the Concluding Observations and to implement them without any delay, as Azerbaijan has committed to do by ratifying the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without reservation on 16 August 1996.
The South Caucasus Network of Human Rights Defenders will closely monitor the implementation of the recommendation by Azerbaijani government and submit follow-up report to the CAT.
The United Nations Committee Against Torture reviewed the Republic of Azerbaijan at its latest session, 2-20 November 2009, in Geneva.
The following Azerbaijani NGOs, all members of the South Caucasus Network of Human Rights Defenders, submitted a report to the Committee with assistance of the Human Rights House Foundation: Institute for Reporters’ Freedom and Safety; Association for the Protection of Women’s Rights in Azerbaijan after D. Aliyeva.; Democracy and Human Rights Resource Public Union; Legal Education Society; Institute for Peace and Democracy, Women Crises Centre.
South Caucasus Network of Human Rights Defenders
South Caucasus Network of Human Rights Defenders is a network of 30 well established impartial and independent non-governmental organizations from the region of South Caucasus, aiming at supporting the human rights defenders in Armenia, Azerbaijan and Georgia.
www.caucasusnetwork.org
Human Rights House Foundation
The Human Rights House Foundation is the secretariat of the Human Rights House Network and is involved as an international partner in the South Caucasus Network of Human Rights Defenders.
www.humanrightshouse.org
Documents:
- Statement on UN CAT Concluding observations
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