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Statement of the South Caucasus Network of Human Rights Defenders on the Concluding Observations of UN Committee Against Torture on Azerbaijan
[11.12.2009]
Members of the South Caucasus Network of Human Rights Defenders applaud the Concluding Observations on Azerbaijan issued by the UN Committee Against Torture (CAT) on 19 November 2009. We observe that many of the main concerns raised by Azerbaijani members of the South Caucasus Network of Human Rights Defenders and the Human Rights House Foundation during the review of Azerbaijan in November 2009 have been reflected in CAT´s concluding observations. 

In their  alternative report the members of the South Caucasus Network of Human Rights Defenders among other cases reffered to the  restriction of timely medical and legal assistance to  Emin Milli and Adnan Hajizade, well-known bloggers and youth activists, during their detention. The alternative report also underlined the cases of the death of Novruzali Mammadov and Mahir Mustafayev in prison resulting from the delay of medical aid. The Committee has  highlighted these cases in the Concluding Observations and call upon the authorities to take effective measures to ensure that in practice, all detainees in all detention and remand centers, are guaranteed, immediate access to an independent legal counsel and to an independent medical examination.

A central registration system for all detainees in accordance with the recommendations of the European Committee for the Prevention of Torture shall be improved. The Committe call upon the authorties to  promptly, thoroughly and impartially investigate all incidents of death  and torture in custody and prosecute the responsible for these violations. Further, the Committee stressed the importance of giving non-restricted access of the public defenders to the detainees. To prevent torture and ill treatment, systematic use of audio and video equipment in police stations and detention facilities should be implemented..

The Committee has further called upon Azerbaijan to:
• bring its definition of torture fully into conformity with the Convention, to ensure that it is possible to prosecute all public officials and others responsible for torture or other ill treatment.
• conduct prompt and impartial investigation into the allegations of violence against journalists and human rights defenders, and prosecute and punish the perpetrators.
• to ensure that the Ombudsman’s Office is functioning as an independent body in practice, enable to investigate all complains of torture and ill treatment in practice.

• guarantee the full independence and impartiality of the judiciary in accordance with the basic principles of independence of judges as underlined in previous recommendations.

• to speedily enact the draft law on domestic violence and adopt measures to prevent domestic violence in practice, and give access to medical, social and legal services, temporary accommodation, and compensation and rehabilitation.

The Concluding Observations reflect that the Government does not take sufficient measures to prevent the above-mentioned violations. We urge the government of Azerbaijan to follow the CAT recommendations voiced in the Concluding Observations and to implement them without any delay, as Azerbaijan has committed to do by ratifying the  International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment without reservation on 16 August 1996.
The South Caucasus Network of Human Rights Defenders will closely monitor the implementation of the recommendation by Azerbaijani government and submit follow-up report to the CAT.

The United Nations Committee Against Torture reviewed the Republic of Azerbaijan at its latest session, 2-20 November 2009, in Geneva. The following Azerbaijani NGOs, all members of the South Caucasus Network of Human Rights Defenders, submitted a report to the Committee with assistance of the Human Rights House Foundation: Institute for Reporters’ Freedom and Safety; Association for the Protection of Women’s Rights in Azerbaijan after D.  Aliyeva.; Democracy and Human Rights Resource Public Union; Legal Education Society; Institute for Peace and Democracy, Women Crises Centre.


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