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Annual Reports 2009-10

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Annual Reports 2009-10 COMMISSIONER FOR HUMAN RIGHTS (OMBUDSMAN) OF THE REPUBLIC OF AZERBAIJAN R E P O R T ON THE ACTIVITY OF THE NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE (2009-2010) Baku – 2011 This report covers the establishment of the National Preventive Mechanism against Torture in the Republic of Azerbaijan, the mandate of the Commissioner for Human Rights (Ombudsman), the law in force and institutional problems, as well as the actions taken during the years 2009 and 2010, and the relevant proposals and recommendations. The list of establishments falling under the jurisdiction of the NPM, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Constitutional Law of the Republic of Azerbaijan “On Making Additions and Amendments to the Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan”, and photos have been added to the report as well. ISBN: 978-9952-8138-7-6 This report was prepared by the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan and published with the financial support of the OSCE Office in Baku. The views expressed in the report are the author’s own and do not necessarily reflect the official opinion of the OSCE Office in Baku. Foreword After the Republic of Azerbaijan regained its independence at the end of the XX century, through the conducted legal reforms, the establishment of democratic and legal statehood, protection of human rights as a prime value, giving higher priority to the interests of human beings and the society have been set as priorities of the state policy. During the short period of the country’s independence the national legal framework has been improved and brought in line with European standards. The majority of the adopted laws, regardless of the spheres they regulate, directly or indirectly serve to more reliable protection of human rights. Along with constantly improving the national legislation, our Republic has ratified numerous international treaties, including the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the Law of 31 May 1996, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and Protocols No.1 and 2 thereto by the Law of 25 December 2001. Along with the legislative reforms carried out in the country, the institutional reforms effected with regard to the conditions of detention and treatment of persons deprived of their liberty should be specifically stressed. It should be mentioned that numerous decrees have recently been signed for the implementation of legislative, institutional and other actions aiming to improve the operation of temporary detention places, investigatory isolators and penitentiary institutions, increase the quality of detention conditions and medical services, train professional personnel for such institutions, enhance their qualifications and capacities, and strengthen the material and technical basis of the above mentioned institutions. Meanwhile, it should also be stressed that yet in 1999 the investigatory isolators under the Ministry of Internal Affairs were subordinated to the Ministry of Justice in order to implement a unified rehabilitation policy and bring the operation of the investigatory isolators in line with the standards of the Council of Europe which the Republic of Azerbaijan has become a member of since 2001. That in 2004 the Health Office’s subordination to the Head Office for Execution of Court Decisions (presently the Penitentiary Service) was abolished and it 3 became an independent medical institution under the Ministry of Justice has paved the way for more effective protection of detainees’ health and prevention of torture and other ill-treatment. The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, as an out-of-court legal protection mechanism, has also contributed to more reliable protection of detainees’ rights. The institution, that has attached particular importance to the protection of detainees’ rights and satisfaction of their legitimate interests since its establishment, has regularly monitored the establishments where detainees are held, arranged meetings with detainees, got acquainted with the conditions of detention and detainees’ complaints on-site, taken necessary measures based on received appeals, put forth efforts to resolve this or other issues and eliminate existing problems, and made recommendations to various governmental bodies. The Commissioner’s numerous appeals for pardoning made as per the request of convicts and their family members have been met. Another momentum in the struggle against torture and ill-treatment in the country has been the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 02 December 2008. By the President’s Order of 13 January 2009, the Commissioner has been designated as an institution to perform the national preventive mechanism (NPM) functions. Further on, the Commissioner’s mandate has been expanded by amending the governing Constitutional Law. Over the past period, notwithstanding that the legislative and institutional frameworks were not fully established, the NPM Group was created and it organized its work in conformity with the requirements of the OPCAT and international standards. Within a short time period regular visits were conducted by the Group to all the places that fall under the jurisdiction of the NPM and where persons are detained or may be detained without permission to leave at will – temporary detention places, administrative detention places, isolation centres, investigatory isolators, penitentiary institutions, prisons, guardrooms, disciplinary units, psychiatric institutions, mental dispensaries, boarding schools, etc., various proposals and recommendations were prepared and submitted to respective bodies and most of them were satisfied. 4 Taking into account that some part of the year 2009 was primarily devoted to the resolution of organizational issues, it was decided to prepare a unified report for the years 2009 and 2010. The present report covers the establishment of the NPM in the Republic of Azerbaijan, the mandate of the Commissioner, the law in force and institutional problems, as well as the actions taken during the years 2009 and 2010. The proposals and recommendations submitted to the relevant authorized bodies for the improvement and coordination of the activities aimed at revealing, investigating and preventing torture and other cruel, inhuman or degrading treatment or punishment in the country, as well as for more efficient organization of the work of the NPM have been reflected in a special section of the report. The list of establishments falling under the jurisdiction of the NPM, OPCAT, the Constitutional Law of the Republic of Azerbaijan “On Making Additions and Amendments to the Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan”, and photos have been added to the report as well. Any suggestions or recommendations in respect of this report will be highly appreciated. Professor Elmira Suleymanova Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan 5 Table of Contents Foreword........................................................................................................... 3 Definitions and abbreviations used in the text .............................................. 8 Chapter 1. The essence of the national preventive mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment and its establishment in the Republic of Azerbaijan.................. 10 Chapter 2. The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan as a national preventive mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment: mandate, legal and institutional problems.................................................................................. 15 Chapter 3. The main directions of the activity of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan as a national preventive mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. ............................................................................ 30 3.1. Visits ......................................................................................................... 32 3.1.1. Establishments of the Ministry of Internal Affairs .......................... 35 3.1.2. Establishments of the Penitentiary Service of the Ministry of Justice .......................................................................... 44 3.1.3. Investigatory Isolator of the Ministry of National Security............. 64 3.1.4. Establishments of the Ministry of Defence...................................... 65 3.1.5. Establishments of the Ministry of Education................................... 69 3.1.6. Establishments of the Ministry of Health ........................................ 70 3.1.7. Establishments of the Ministry of Labour and Social Protection of Population ................................................................. 77 3.2. Examination of appeals and information .................................................. 81 3.3. Scientific and analytical work..................................................................
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