CAT/C/35/D/247/2004
Page 4
1.1
The complainant is Mr. A. A. ** , an Azeri national sentenced to death on 24
August 1994 by the Supreme Court of Azerbaijan. On 10 February 1998, all death
sentences handed down in Azerbaijan, including the complainant’s, were commuted
to life imprisonment, following the abolition of the death penalty by Parliament. The
complainant claims to be a victim of violation by Azerbaijan of his rights under
articles 1, 2, 12 and 13, of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment (the Convention). He is represented by counsel.
1.2
Azerbaijan became a State party to the Convention on 16 August 1996 (date of
accession), and made the declaration under article 22 on 4 February 2002.
The facts as submitted:
2.1
The complainant was a police inspector. On 24 August 1994, he was found
guilty of murder, illegal storage of and port of fire arms, voluntary destruction of
public property, murder with aggravating circumstances, and attempted murder. He
was sentenced to death by the Supreme Court of Azerbaijan, allegedly without having
been given the right to appeal against this judgment. The complainant claims that his
trial did not meet the requirements of due process and was tainted by the authorities’
desire to avenge the murder of a policeman. He also explains that two of the three
individuals composing the court (so called “people’s assessors”) had refused to
countersign his death sentence.
2.2
After his conviction, the complainant was placed on death row in Baylovskaya
prison (Baku), where, he allegedly shared a 6 square meters cell with “5-6” other
prisoners also under sentence of death. The cell was equipped with only one bunk bed
for all of them, and the prisoners had to sleep in turns. The window of the cell was
obstructed by metal plates and no light could penetrate; there was only a dim lamp in
the cell, which was constantly lit.
2.3
According to the complainant, on 1 October 1994, a group of prisoners
escaped from Baylovskaya prison1 . The same day, the prosecutor in charge of prisons
allegedly informed the prison authorities that they were allowed to beat (to death) all
prisoners “under his responsibility”. After this, conditions of detention worsened. No
recreation walks were authorized between 1994 and 1998. From 1994 to 1996,
prisoners were obliged to take showers directly in the cells, while no bathroom
existed; a collective bathroom was set up only in the summer of 1996; showers were
then allowed at 20-30 days intervals, for 10-15 minutes per cell. The complainant
states that more than 70 prisoners under sentences of death passed away while he was
on death row from 1994 to 1998, due to the worsening conditions of detention.
2.4
The complainant explains that despite the fact that prison regulations allowed
him to receive the visit of his family every month, as well as to receive a 5 kg parcel,
in reality, and especially after the escaping of prisoners in October 1994, visits and
parcels were “irregular”.
**
Initials changed at request of the complainant.
Throughout the text, the complainant refers to the events of October 1994 as to “escape” and “attempt
to escape”, without differentiation. It transpires however, that 10 prisoners had escaped.
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