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Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on its visit to Azerbaijan and response of the Government of Azerbaijan

26 November 2009 17:15 (UTC +04:00)

The Azerbaijani Government has requested the publication of this report and of its response.

CPT delegation received several credible allegations from life-sentenced prisoners of deliberate physical ill-treatment and excessive use of force by prison officers. In addition, a number of prisoners complained that certain prison officers had subjected them to verbal abuse.

However, in the units for lifers, the delegation observed some improvements to material conditions. The cell heating had been significantly improved, running water was provided on a permanent basis in the cells, and the showers in Unit 4 had been renovated (enabling prisoners to take more frequent showers).
Despite the above-mentioned improvement, life-sentenced prisoners continued to spend 23 hours a day locked up in their cells, without being offered any form of organised activity. Such a state of affairs is totally unacceptable and constitutes a failure to implement long-standing CPT recommendations. The CPT calls upon the Azerbaijani authorities to take steps without further delay to devise and implement a comprehensive regime of out-of-cell activities for life-sentenced prisoners at Gobustan Prison.

In this context, the Committee must stress once again that it can see no justification for keeping life-sentenced prisoners apart from other prisoners. Reference has been made in this regard to the Council of Europeâ€™s Committee of Ministersâ€™ Recommendation (2003) 23, on the â€œmanagement by prison administrations of life sentence and other long-term prisonersâ€ of
9 October 2003. The CPT calls upon the Azerbaijani authorities to take due account of the principles contained in Recommendation (2003) 23 when devising their policy on the treatment of life-sentenced prisoners. The CPT welcomes the fact that the provision of the CEP preventing life-sentenced prisoners from receiving vocational training has been repealed.

During the 2008 visit, the CPTâ€™s delegation carried out a visit to the Central Penitentiary Hospital in Baku. The delegation focused on the hospitalâ€™s internal diseases, narcology, and psychiatry wards. It also examined the situation of persons held in the neurology ward, the ward for women and the â€œregime sectionâ€. However, the CPT regrets the fact that the Azerbaijani authorities have failed to implement its recommendations to employ nurses and ensure that someone qualified to provide first aid (preferably with a recognised nursing qualification) is always present in the prison. As a consequence, no health-care staff were present in the establishment at night and at weekends. Further, the delegation was concerned to note that one of the prisoners (with training as a surgeon) continued to work for the health-care service and was involved in the performance of health-care tasks during the night, despite the specific recommendation made by the Committee after the visit in 2006. In the light of the above, the CPT calls upon the Azerbaijani authorities to take steps at Gobustan Prison to substantially increase the number of nursing staff, to ensure that someone qualified to provide first aid, preferably with a recognized nursing qualification, is always present on the premises of the establishment, including at night and weekends.

The CPTâ€™s delegation visited the Republican Psychiatric Hospital No. 1 in Mashtaga and carried out a follow-up visit to the Regional Psycho-Neurological Dispensary in Sheki. Further, the delegation paid a brief visit to the Central Psychiatric Hospital in Baku, where it focused on patientsâ€™ living conditions.
The worst situation was observed in Ward 12, conditions in which could be considered as amounting to inhuman and degrading treatment.
As regards the Regional Psycho-Neurological Dispensary in Sheki, the delegation observed a number of positive changes.

In general, CPT recommended taking steps to ensure that the provisions of the Law on Psychiatric Assistance (LPA) on involuntary civil hospitalisation are fully implemented in practice. This will involve the provision of appropriate information and training to all structures and persons involved, to strive to introduce a system for regular visits to psychiatric establishments by independent outside bodies responsible for the inspection of patientsâ€™ care. These bodies should be authorised, in particular, to talk privately with patients, receive directly any complaints which they might have and make any necessary recommendations.

Note that, the Council of Europe has today publicized the response of an official Baku upon the request of the Azerbaijani Government. This is the response of the Government of Azerbaijan to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on its visit to Azerbaijan in 2008. The document reflects the measures taken on the basis of the committeeâ€™s recommendation. The response says the the establishment of modern infrastructure of penitentiary system is carried out in accordance with the requirements of the Decree of the President of the Republic of Azerbaijan dated 17 August 2006 entitled â€œDevelopment of justice systemâ€, and in conformity with the â€œNational Action Plan on protection of human rights in the Republic of Azerbaijanâ€ approved by the Head of our state on 28 December 2008.
Besides, international documents in this field are analyzed and progressive experience is learnt. For the purpose of effective organization an Order on the â€œEstablishment of a Working Commission for effective organization of project and construction works in the Penitentiary Serviceâ€ was signed by the Minister of Justice of the Republic of Azerbaijan on 22 May 2009. Senior and experienced officials from the Penitentiary Service, Head Medical Department and penitentiary establishments were included into that working commission.

Following the construction of new facilities, in accordance with the requirements of the Code of Execution of Sentences, prisoners should be located close to their previous places of residence. Provision of the prisoners with socially useful labour during the punishment period, making their free time efficient, training of staff fit for service, etc. are always in the focus of public authorities. Various trainings are organized for staff in the training Centre of the Penitentiary Service, as well as the Justice Academy.