CCPR/C/112/D/1972/2010
half years and that the conditions of detention on death row were described in
communication No. 247/2004, A.A. v. Azerbaijan.2 He also submits that the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment visited Bayil prison in 2002, when it was in much better condition, and found
that the conditions of detention there were “inappropriate”. 3 In 2009 the Bayil prison was
demolished.
2.6
On 10 February 1998, the National Assembly adopted the Law amending the
Criminal Code, the Code of Criminal Procedure and the Correctional Labour Code of the
Republic of Azerbaijan in connection with the abolition of the death penalty in Azerbaijan.
Under section IV of that law, the sentences of individuals convicted to death, including the
author, were commuted to life imprisonment. On 30 December 1999, the Parliament
adopted the law ratifying the Criminal Code of Azerbaijan, its entering into force and legal
adjusting matters related thereto. Article 4.126 of that law stated that the 10 February 1998
law would lose its force as of 1 September 2000.
2.7
Following the adoption of the 10 February 1998 Law, the author’s sentence was
commuted to life imprisonment and he was transferred to Qobustan prison. Although the
conditions of detention were better than in the previous prison, the author considers that the
regime of detention contradicted European standards and was degrading and inhuman.
Between March 1998 and August 2000, he was allowed annually: two short family visits,
two food parcels up to 10 kg and no phone calls. Between 1 September 2000 and 24 June
2008, he was allowed annually: two short and one long family visit, four food parcels up to
31.5 kg each and six phone calls up to 10 minutes each. After 24 June 2008, he was allowed
annually six short visits, two long visits, eight food parcels and 24 phone calls. The daily
exercise in the walking court of the prison, which officially should last for one hour, most
often is reduced to half an hour.
2.8
The author contends that the conditions of his detention in the Qobustan prison are
in line with domestic standards, but do not comply with European standards. He maintains
that for that reason “hypothetic court proceedings on the issue would have no perspective”
and refers to the assessment of conditions of his detention given by the United Nations and
the Council of Europe.4 He submits that his cell contains a double-decked plank bed, a
small table and two chairs (the legs of which are cemented into the floor) and a bedside
table. The cell contains a toilet, fenced only by a one-metre-high wall. The cell’s walls,
ceiling and floor are made entirely of concrete, resulting in it being very hot during the
summer and cold during winter. Furthermore, the author submits that during winter the
heating is insufficient. The cell has one window made out of polyethylene film instead of
glass. The author submits that the size of the window is smaller than required by the
national prisons standards and that he was deprived of adequate natural ventilation and
light. He also submits that the prison food is monotonous, misbalanced, poor on meat and
2
3
4
4
The author appears to refer to the communication No. 247/2004 submitted to the Committee against
Torture, A.A. v. Azerbaijan, decision on admissibility adopted on 25 November 2005, paras. 2.3–2.9.
The author refers to European Committee for the Prevention of Torture, Report to the Azerbaijani
Government on the visit to Azerbaijan carried out by the from 24 November to 6 December 2002,
CPT/Inf (2004) 36, paras. 77–87. Available from www.cpt.coe.int/documents/aze/2004-36-infeng.pdf.
The author makes references to European Committee for the Prevention of Torture, Second General
Report on the CPT’s activities covering the period 1 January to 31 December 1991, CPT/Inf (92) 3,
para 4.3 (available from www.cpt.coe.int/en/annual/rep-02.htm); the report of the Special Rapporteur,
Sir Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 2000/43
(E/CN.4/2001/66/Add.1) of 14 November 2000; and concluding observations of the Committee
against Torture (CAT/C/AZE/CO/3), 19 November 2009, para. 11.