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E/CN.4/2006/6/Add.2 page 4 preliminary investigations into the allegations. However, torture and ill-treatment continues to be carried out frequently in places of pre-trial detention, and to a lesser extent in post conviction prison facilities. They report that allegations regarding torture and ill-treatment are not being investigated in an independent and thorough manner and alleged perpetrators and not being prosecuted. 6. Recommendation (b) stated: 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; 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. According to information received from NGOs, NGOs do get access to places of detention in some instances. However, their access is limited and at the discretion of the authorities. The Government has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 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. According to information received from NGOs, this recommendation is not being implemented in practice, even in cases where detainees actively volunteer allegations of torture or ill-treatment. According to NGOs that have conducted trial monitoring in Azerbaijan, it is possible to identify a pattern whereby judges fail to take the allegations seriously and do not initiate detailed investigations into the allegations. 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. According to information received from NGOs, it has not been possible to obtain information on any case where a person has been awarded compensation as a result of torture or ill-treatment. 12. Recommendation (e) stated: Confessions made by a person under police detention without the presence of a lawyer should not be admissible as evidence against the person. 13. According to NGOs that have conducted trial monitoring in Azerbaijan, the courts continue to rely on confessions that may have been obtained by torture or ill-treatment. It is possible to identify a pattern whereby judges fail to take allegations seriously and do not initiate detailed investigations into the allegations.
E/CN.4/2006/6/Add.2 page 5 14. Recommendation (f) stated: Given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid services. 15. According to information received from NGOs, the ratio of criminal defence lawyers to population is amongst the lowest in the world. This has a serious impact on the provision of legal aid services. Only lawyers who have been admitted to the Collegiums of Advocates are entitled to act as criminal defence lawyers. However, only about 350 lawyers have been admitted to the Collegiums of Advocates, with the vast majority of these being based in the capital. The new Law on Advocates, which was designed to increase the number of lawyers admitted to a newly constituted Collegiums of Advocates came into effect in August 2004. However, the law has been interpreted in a narrow manner and very few new members have actually been admitted. In addition, the rate of remuneration for legal aid services is extremely low at 1,500 manat per hour. This is equivalent to approximately US$ 0.30. Furthermore, in many cases the Government fails to pay legal aid fees to advocates that carry out legal aid services. 16. Recommendation (g) stated: Video and audio taping of proceedings in police interrogation rooms should be considered. 17. Recommendation (h) stated: Given the numerous situations in which persons deprived of their liberty were not aware of their rights, public awareness campaigns on basic human rights, in particular on police powers, should be considered. 18. Recommendation (i) stated: The Government should give urgent consideration to discontinuing the use of the detention centre of the Ministry of National Security, preferably for all purposes, or at least reducing its status to that of a temporary detention facility. 19. Recommendation (j) stated: The Special Rapporteur welcomes the continuation of the provision of advisory services by the Office of the High Commissioner for Human Rights; he notes that the publication in the Professional Training Series entitled Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police has been translated into Azeri; accordingly, the Government is invited to give favourable consideration to putting emphasis, in the technical cooperation programme, on training activities for the police and possibly investigators of the Ministry of National Security once recommendation (i) has been implemented. 20. Recommendation (k) stated: The Government should also consider requesting advisory services from the Office of the High Commissioner for Human Rights regarding training activities for officials from the General Prosecutor’s Office. 21. Recommendation (l) stated: The Government is invited to consider favourably making the declaration provided for in article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, whereby the Committee against Torture could receive individual complaints from persons alleging non-compliance with the terms of the Convention. It is also invited similarly to consider
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