E/CN.4/2005/62/Add.2
page 4
monitoring of the behaviour and discipline of their agents, in particular with a view to
eliminating practices of torture and ill-treatment; the activities of such procedures should
not be dependent on the existence of a formal complaint. In addition, non-governmental
organizations and other parts of civil society should be allowed to visit places of detention
and confidential interviews with all persons deprived of their liberty.
7.
The Government reported that compliance with the law in places of temporary detention
is monitored by the procuratorial bodies. The Ombudsman also has the right freely and without
prior notification to visit places of temporary detention, to interview detainees confidentially and
to familiarize himself with documents affirming the legality of the detention. Conditions are
provided for meetings with detainees when requested by representatives of international and
non-governmental organizations, and human rights defenders. An Internal Security Department
has been established in the Ministry of Internal Affairs for the purpose of effective monitoring of
the activities of police officers within an institution and for taking appropriate action against staff
exceeding their official duties, as well as violating basic human rights. As a result of steps
pursued by the Ministry of Internal Affairs in 2003 and the first half of 2004, various disciplinary
measures in cases of human rights violations were taken against 154 officers, and 22 officers
were dismissed from service in the internal affairs bodies.
8.
Recommendation (c) stated: Magistrates and judges, like prosecutors, should always
ask a person brought from police custody how they have been treated and be particularly
attentive to their condition.
9.
The Government reported that in the practice of the courts, acts of torture or maltreatment
identified at the pre-trial investigation stage are not left unattended. In the course of a judicial
investigation all claims of the use of torture against persons being investigated are considered,
evidence is gathered, and the court verifies the full observance of such persons' right to
protection. In the event of a complaint of torture or maltreatment, the courts immediately call for
a forensic examination and the thorough, objective and independent conduct of that examination
is ensured. A definitive decision is rendered by the courts against the person in custody once all
the evidence gathered is evaluated and instances of violence against the person are noted therein,
if such acts occurred at the time of the pre-trial investigation. With a view to providing
methodological assistance to the courts in the proper enforcement of the legislation and
international rules against torture, the Supreme Court has consolidated the judicial practice in
this area. As a result a decision was adopted reflecting the recommendations of the Committee
against Torture, and indicating that when instances of the use of torture, cruel treatment or
physical or mental violence are found to have occurred, legal proceedings must be instituted,
since these are criminally punishable offences and no exceptional circumstances can serve to
justify them. Evidence obtained by unlawful means cannot form the basis of a judgement. This
Supreme Court decision was transmitted to all courts and pre-trial investigation agencies for
practical use in their work.
10.
Recommendation (d) stated: Where there is credible evidence that a person has been
subjected to torture or similar ill-treatment, adequate compensation should be paid
promptly; a system should be put in place to this end.
11.
The Government reported that under Azerbaijani legislation, there are various means by
which the victims of acts of violence may receive compensation. article 87.6.18 of the Code of