CPT/Inf (2018) 38 Response of the Azerbaijani Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Azerbaijan from 23 to 30 October 2017 The Azerbaijani Government has requested the publication of this response. The CPT’s report on the October visit to Azerbaijan is set out in document CPT/Inf (2018) 37. Strasbourg, 18 July 2018 Note: In accordance with Article 11, paragraph 3, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, names of individuals have been deleted. 3 Response to the issue raised in paragraph 9 of the Report (publication of the CPT reports) In June 2018 the Azerbaijani Government requested the CPT to publish the reports on its visits to Azerbaijan carried out in 2004, 2012, 2013, 2015, 2016 and 2017 together with the Azerbaijani Government’s responses. Response to the issues raised in paragraphs 11 - 13 of the Report (meeting with the prosecutors directly in charge of examination of cases of alleged ill-treatment) On 31 May 2018 high-level representatives of the CPT held a meeting, at the Office of the Prosecutor General, with prosecutors and investigators directly in charge of examination of a number of complaints indicated in the CPT reports and related to alleged ill-treatment. During the meeting, the CPT representatives had a detailed discussion of the mentioned cases and were able to study relevant case materials. Response to the issues raised in paragraph 16 of the Report Criminal proceedings According to Article 148.1 of the Code of Criminal Procedure (CPC) of the Republic of Azerbaijan, a person suspected of committing an offence shall be detained if there is a direct suspicion that he committed the offence or other information giving grounds for suspicion that he committed the act provided for in criminal law. Article 148.6 of the CPC states that except the case provided for in Article 148.7 of the CPC, the detention of a person on the basis of suspicion of committing a crime cannot last more than 48 hours. Until the expiration of the specified period, the detainee must be charged, and if there is a request of the prosecutor in connection with the detention, he must be brought before a court that must immediately consider the case and make a decision on the election of a preventive measure in the form of detention or his release. 4 Pursuant to Article 148.7 of the CPC, if a large number of persons suspected or accused in criminal cases, which are conducted under articles 102, 114, 120.2.11, 169, 214, 214-1, 214-3, 215.3, 217, 218, 219, 219-1, 220, 274, 275, 276, 277, 279, 280, 282 or 283-1 of the Criminal Code of the Republic of Azerbaijan, the special complexity of the case or the large amount of collected materials impede the implementation of the actions provided for by Article 148.6 of the CPC within 48 hours, that term shall be extended for a period not exceeding 48 hours by a court decision on the basis of a reasoned request of the investigator and the request of the prosecutor supervising the preliminary investigation. Article 157.3 of the CPC indicates that a person arrested by a court decision may not be held in a temporary detention center for more than 24 hours and before the expiration of that period, he must be transferred to the remand center (the period of transportation of the person to the remand center by vehicles is not included in the specified period). Compliance with these requirements of the CPC during the prosecution is subject to strict control. According to the Order No.10/70 "On increasing the effectiveness of prosecutor’s guidance of the preliminary investigation, strengthening supervision over investigation and inquiry and further improvement of activities in this field", issued by the Prosecutor General of the Republic of Azerbaijan on 28 June 2010, the lawfulness of the persons’ bringing to district police stations and detention in temporary detention facilities is regularly examined by staff members of district and city prosecutor’s offices, as well as by staff members of relevant divisions of the Prosecutor General's Office entrusted to supervise the inquiry and investigation, and when necessary, relevant documents are drawn up. During these inspections, prosecutors meet with detained persons, examine the lawfulness and validity of their being taken to police stations and detention centers, ask them whether they had been subjected to torture or cruel, inhuman or degrading treatment. Thus, the implementation of real measures to prevent citizens from being arbitrarily arrested and to prevent any unlawful acts against them is ensured. 5 Administrative proceedings According to Article 89 of the Code of Administrative Offenses (CAO) of the Republic of Azerbaijan, the person who committed an administrative offence may be subjected to administrative arrest for 3 hours. At the same time, it is permitted to administer administrative detention in certain cases for 24 hours, 48 hours, and 3 days by the decision of the judge. Furthermore, under Article 30 of the CAO, administrative detention is imposed by a judge for up to three months in exceptional cases, depending on the individual types of administrative offense. It is to be noted that, within the reform conducted in Azerbaijan in recent years and aimed at humanization of criminal polices, the category of acts under 3 (theft, misappropriation and fraud) Articles of the Criminal Code was changed from criminal to administrative offense by increasing the amount (of damage) that causes criminal responsibility. Previously, the criminal offence of battery was decriminalized and introduced as an administrative offence. Criminal sanctions for those offences provided for up to 2 years of imprisonment. Taking account of these facts, the sanction in the form of up to 3 months of administrative arrest for these administrative offences should be regarded as adequate and proportionate. Response to the issues raised in paragraph 17 of the Report Article 8 of the Law of the Republic of Azerbaijan “On ensuring the rights and freedoms of individuals held in detention facilities on remand” dated 22 May 2012 provides that, if it is necessary to conduct investigative actions or ensure the participation of a detained person in judicial proceedings at a place remote from the settlement in which the detention facility is located and his daily delivery seems impossible, a person taken into custody during pretrial proceedings on a reasoned decision of the prosecutor supervising the preliminary investigation, and during the judicial proceedings on a reasoned decision of the court can be transferred from the pretrial detention facility in place of temporary detention for a period not exceeding 10 days within one month. At the request of the detained person, the specified period can be extended by a motivated decision of the court to the end of the proceedings. When transferring a detainee from a remand center to a temporary detention center and returning him back, he undergoes a medical examination. 6 The transfer of a detained person from a remand center to a temporary detention facility for the purpose of conducting operational search measures is prohibited. The same requirements are set out in Articles 159-1.-159-1.6 of the CPC and provide that, an investigator who considers it necessary to transfer a detained person from a remand center to a temporary detention facility for the purpose of conducting investigative actions in a place remote from the settlement in which the detention facility is located submits a justified petition to the prosecutor in charge of the procedural management of the preliminary investigation. If the prosecutor supervising the preliminary investigation agrees with the need to transfer the accused from the remand center to the temporary detention facility, he makes an informed decision to transfer the accused from the remand center to a temporary detention facility with an indication of the period. If the prosecutor supervising the preliminary investigation concludes that the grounds for transferring the accused from the pretrial detention center to the temporary detention center are insufficient, he decides to reject the application. The transfer of a detained person from a remand center to a temporary detention facility in connection with the need to ensure his participation in judicial proceedings is carried out during judicial review on the basis of the parties' petition. On 15 July 2016, the district and city prosecutors were charged to keep the issue of return of detained persons from a remand center to a temporary detention facility under a strict control, and to ensure that accused persons are transferred to temporary detention facilities only if necessary and when certain actions cannot be conducted in detention facilities. Response to the issue raised in paragraph 19 of the Report General comments (legislation) The Republic of Azerbaijan has joined to numerous international instruments in the field of protection of human rights and freedoms, including the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Convention for the Prevention of Torture or Inhuman or Degrading Treatment and the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by so doing has undertaken obligations on adopting effective legislation and carrying out other measures to prevent torture. 7 A number of consecutive and purposeful steps were taken and institutional reforms were implemented in order to fulfill the said obligations. First of all, it should be noted that according to Article 12 of the Constitution of the Republic of Azerbaijan, the supreme objective of the State is to ensure rights and freedoms of a person and a citizen, and a decent living standard for the citizens of the Republic of Azerbaijan.