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Report to the Azerbaijani Government on the Visit to Azerbaijan Carried Out

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Report to the Azerbaijani Government on the Visit to Azerbaijan Carried Out CPT/Inf (2017) 12 Report to the Azerbaijani Government on the visit to Azerbaijan carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 20 to 30 November 2006 The Azerbaijani Government has requested the publication of this report. Strasbourg, 25 April 2017 - 2 - CONTENTS Copy of the letter transmitting the CPT's report ............................................................................4 I. INTRODUCTION.....................................................................................................................5 A. Dates of the visit and composition of the delegation ..............................................................5 B. Establishments visited...............................................................................................................6 C. Consultations held by the delegation and co-operation encountered...................................7 D. Immediate observations under Article 8, paragraph 5, of the Convention .........................8 II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED ................................9 A. Establishments under the authority of the Ministry of Internal Affairs .............................9 1. Preliminary remarks ..........................................................................................................9 2. Ill-treatment .....................................................................................................................11 3. Safeguards against the ill-treatment of persons detained by the police...........................15 4. Conditions of detention ...................................................................................................20 a. temporary detention centres ...................................................................................20 b. cells at local police stations....................................................................................22 c. other police establishments ....................................................................................22 d. transport of detained persons .................................................................................23 B. Establishments under the authority of the Ministry of Justice ..........................................24 1. Preliminary remarks ........................................................................................................24 2. Ill-treatment .....................................................................................................................26 3. Conditions of detention ...................................................................................................29 a. follow-up visit to Gobustan Prison ........................................................................29 i. material conditions .......................................................................................29 ii. activities........................................................................................................30 iii. security and safety of prisoners ....................................................................32 b. Investigative isolator No. 3, Shuvalan ...................................................................33 i. material conditions .......................................................................................33 ii. activities........................................................................................................35 c. Strict-regime penitentiary establishment No. 11....................................................36 i. material conditions .......................................................................................36 ii. activities........................................................................................................37 - 3 - 4. Health-care services.........................................................................................................38 5. Other issues of relevance to the CPT's mandate..............................................................42 a. prison staff..............................................................................................................42 b. contact with the outside world ...............................................................................43 c. discipline ................................................................................................................45 d. complaints and inspection procedures ...................................................................47 e. Ministry of Internal Affairs operational staff.........................................................48 C. Establishments under the authority of the Ministry of Health...........................................49 1. Preliminary remarks ........................................................................................................49 2. Ill-treatment .....................................................................................................................49 3. Patients’ living conditions ...............................................................................................50 4. Treatment and staff..........................................................................................................53 5. Means of restraint ............................................................................................................56 6. Safeguards in the context of involuntary hospitalisation.................................................58 D. Establishments under the authority of the Ministry of Defence.........................................63 E. Establishments under the authority of the State Border Service .......................................65 APPENDIX I LIST OF THE CPT’S RECOMMENDATIONS, COMMENTS AND REQUESTS FOR INFORMATION .....................................................................................66 APPENDIX II NATIONAL AUTHORITIES AND NON-GOVERNMENTAL AND INTERNATIONAL ORGANISATIONS WITH WHICH THE CPT’S DELEGATION HELD CONSULTATIONS....................................................................................................86 - 4 - Copy of the letter transmitting the CPT's report Strasbourg, 12 July 2007 Dear Ambassador, In pursuance of Article 10, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, I enclose herewith the report to the Azerbaijani Government drawn up by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) after its visit to Azerbaijan from 20 to 30 November 2006. The report was adopted by the CPT at its 63rd meeting, held from 2 to 6 July 2007. The various recommendations, comments and requests for information formulated by the CPT are listed in Appendix I. As regards more particularly the CPT’s recommendations, having regard to Article 10 of the Convention, the Committee requests the Azerbaijani authorities to provide within six months a response giving a full account of action taken to implement them. As for the recommendations in paragraphs 124, 127, 128 and 131, the authorities are requested to provide a response within three months. The CPT trusts that it will also be possible for the Azerbaijani authorities to provide, in the response requested within six months, reactions to the comments formulated in this report as well as replies to the requests for information made. The CPT would ask, in the event of the responses being forwarded in the Azerbaijani language, that they be accompanied by an English or French translation. It would be most helpful if the Azerbaijani authorities could provide a copy of the responses in a computer-readable form. I am at your entire disposal if you have any questions concerning either the CPT's visit report or the future procedure. Yours faithfully, Mauro PALMA President of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment Mr Arif Mammadov Ambassador Extraordinary and Plenipotentiary Permanent Representative of Azerbaijan to the Council of Europe 2, rue Westercamp 67000 Strasbourg - 5 - I. INTRODUCTION A. Dates of the visit and composition of the delegation 1. In pursuance of Article 7 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”), a delegation of the CPT visited Azerbaijan from 20 to 30 November 2006. The visit formed part of the Committee’s programme of periodic visits for 2006, and was the fourth visit to Azerbaijan to be carried out by the CPT1. 2. The visit was carried out by the following members of the CPT: - Renate KICKER, Head of delegation - Zdeněk HÁJEK - Celso José DAS NEVES MANATA - Jean-Pierre RESTELLINI - Vitolds ZAHARS who were supported by the following members of the CPT’s Secretariat: - Petya NESTOROVA, Head of Division - Borys WÓDZ - Isabelle SERVOZ-GALLUCCI. They were assisted by: - James McMANUS, Professor of Criminal Justice at Glasgow Caledonian University, United Kingdom (expert) - Clive MEUX, consultant forensic psychiatrist, Oxford, United Kingdom (expert) - Seymur BALAMMADOV (interpreter) - Mehriban van de GRIENDT (interpreter) 1 The first periodic visit took place in November/December 2002. The CPT’s report on that visit has been made public at the request of the Azerbaijani authorities, together with their responses (see CPT/Inf (2004) 36 and CPT/Inf (2004) 37). Further,
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