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09 March 2001
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9 March 2001
The United Nations Commission on Human Rights’ Special Rapporteur on torture, Sir Nigel Rodley, has concluded in a report that Azerbaijan law enforcement officials use torture on a "widespread" basis.
In the report to the forthcoming session of the Commission, which starts on 19 March, the Special Rapporteur says he reached his conclusions after visiting Azerbaijan last May. He notes that torture and similar ill-treatment are believed by many persons in the hands of law enforcement officials to be automatic, and that the mere threat of adverse consequences for failure to comply with investigators is assumed to mean torture. For some, the mere fact of detention has the same implication.
While acknowledging that he would have need more time in the country to be able to corroborate whether this perception is well-founded, the Special Rapporteur observes that it was clear that the detainees and investigating authorities frequently did nothing to dispel the association. The Special Rapporteur also points out that the fear of physical torture may itself constitute mental torture.
To address the problem, the Special Rapporteur recommends, among other measures, that "the Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators”.
"Prosecutors should regularly carry out inspections, including unannounced visits, of all places of detention. Similarly, the Ministries of Internal Affairs and of National Security should establish effective procedures for internal monitoring of the behaviour and discipline of their agents, in particular with a view to eliminating practices of torture and ill-treatment. ... In addition, non-governmental organizations and other parts of civil society should be allowed to visit places of detention and to have confidential interviews with all persons deprived of liberty," Mr. Rodley states.
Finally, the Special Rapporteur notes that "given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid services" and public campaigns on basic human rights, in particular on police powers, should be considered.
Mr. Rodley notes that the palpable fear of the persons detained at the remand centre at the Ministry of National Security headquarters seemed understandable particularly as the premises effectively serve as a police station, temporary detention facility and remand centre where persons can be held until conviction and sentencing. He therefore recommends to the Government to give urgent consideration to discontinuing the use of this detention centre, preferably for all purposes, or at least reducing its status to that of a temporary detention facility.
The Special Rapporteur's report (UN document E/CN.4/2001/66/Add. 1) is based on his visit to Azerbaijan from 7 to 15 May 2000. Sir Nigel indicates that he received excellent cooperation from the Government and that he was given access to official institutions, including prisons and police stations in Baku, whether on planned or unannounced visits. He also met with officials, alleged torture victims and representatives of the civil society.
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The United Nations Commission on Human Rights’ Special Rapporteur on torture, Sir Nigel Rodley, has concluded in a report that Azerbaijan law enforcement officials use torture on a "widespread" basis.
In the report to the forthcoming session of the Commission, which starts on 19 March, the Special Rapporteur says he reached his conclusions after visiting Azerbaijan last May. He notes that torture and similar ill-treatment are believed by many persons in the hands of law enforcement officials to be automatic, and that the mere threat of adverse consequences for failure to comply with investigators is assumed to mean torture. For some, the mere fact of detention has the same implication.
While acknowledging that he would have need more time in the country to be able to corroborate whether this perception is well-founded, the Special Rapporteur observes that it was clear that the detainees and investigating authorities frequently did nothing to dispel the association. The Special Rapporteur also points out that the fear of physical torture may itself constitute mental torture.
To address the problem, the Special Rapporteur recommends, among other measures, that "the Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body capable of prosecuting perpetrators”.
"Prosecutors should regularly carry out inspections, including unannounced visits, of all places of detention. Similarly, the Ministries of Internal Affairs and of National Security should establish effective procedures for internal monitoring of the behaviour and discipline of their agents, in particular with a view to eliminating practices of torture and ill-treatment. ... In addition, non-governmental organizations and other parts of civil society should be allowed to visit places of detention and to have confidential interviews with all persons deprived of liberty," Mr. Rodley states.
Finally, the Special Rapporteur notes that "given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid services" and public campaigns on basic human rights, in particular on police powers, should be considered.
Mr. Rodley notes that the palpable fear of the persons detained at the remand centre at the Ministry of National Security headquarters seemed understandable particularly as the premises effectively serve as a police station, temporary detention facility and remand centre where persons can be held until conviction and sentencing. He therefore recommends to the Government to give urgent consideration to discontinuing the use of this detention centre, preferably for all purposes, or at least reducing its status to that of a temporary detention facility.
The Special Rapporteur's report (UN document E/CN.4/2001/66/Add. 1) is based on his visit to Azerbaijan from 7 to 15 May 2000. Sir Nigel indicates that he received excellent cooperation from the Government and that he was given access to official institutions, including prisons and police stations in Baku, whether on planned or unannounced visits. He also met with officials, alleged torture victims and representatives of the civil society.
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