Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
2025 gvnet.com/torture/Azerbaijan.htm
|
|||||||||||
|
CAUTION: The following links have
been culled from the web to illuminate the situation in Azerbaijan. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on
this page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might be
interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper
resources that are available on-line. ***
ARCHIVES *** Azerbaijani
soldier’s mother tells about her son’s torture Armenian News-NEWS.am
information-analytical agency, 15 April 2019 news.am/eng/news/507305.html [accessed 19 May
2019] "On May 18,
2017, at three o'clock in the morning, he was taken away from his home in
Ganja to Terter. He was accused of treason and subjected
to terrible torture," writes the human rights activist, referring to Huseynov's mother: "... He was hung upside down and
an electric current was passed through his head. He was beaten until he lost
consciousness and committed other degrading actions, demanding to confess to
working for the Armenians. Freedom House
Country Report 2020 Edition freedomhouse.org/country/azerbaijan/freedom-world/2020 [accessed 14 May
2020] F3. IS THERE PROTECTION FROM THE ILLEGITIMATE
USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES? International
observers have consistently concluded that both torture and impunity for the
perpetrators of such abuse are endemic in the Azerbaijani criminal justice
system. Police regularly administer beatings during arrest or while breaking
up protests. Prison conditions are substandard; medical care is generally
inadequate, and overcrowding is common. Azerbaijan:
torture, impunity and corruption highlighted in new anti-torture committee
publications Council of Europe,
18 July 2018 [accessed 2 June
2020] The CPT’s overall
impression of the situation in Azerbaijan is that torture and other forms of
physical ill-treatment by the police and other law enforcement agencies,
corruption in the whole law enforcement system and impunity remain systemic
and endemic. The Committee’s reports contain detailed recommendations
designed to address these problems. The Committee has
repeatedly observed, most recently during its ad hoc visit in October 2017,
that torture and other forms of severe physical ill-treatment of persons
detained by the police, other law enforcement agencies and the army remain
widespread, and there is a serious problem of impunity (lack of effective
investigations) and ineffective legal safeguards for detained persons (access
to a lawyer, notification of custody, access to a doctor, information on
rights). Moreover, the findings during the 2017 ad hoc visit suggest the
existence of a generalised culture of violence
among the staff of various law enforcement agencies. 2020 Country
Reports on Human Rights Practices: Azerbaijan U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/azerbaijan/
[accessed 4 July
2021] TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT While the
constitution and criminal code prohibit such practices and provide for
penalties for conviction of up to 10 years’ imprisonment, credible
allegations of torture and other abuse continued. Most mistreatment took
place while detainees were in police custody, where authorities reportedly
used abusive methods to coerce confessions and denied detainees
access to family, independent lawyers, or independent medical care. PRISON AND DETENTION
CENTER CONDITIONS According to prison
monitoring conducted by a reputable organization prior to the onset of
COVID-19, prison conditions reportedly were sometimes harsh and potentially
life threatening due to overcrowding; inadequate nutrition; deficient
heating, ventilation, and sanitation; and poor medical care. Detainees also
complained of inhuman conditions in the crowded basement detention facilities
of local courts where they were held while awaiting their hearings. Torture,
impunity, and corruption ‘endemic’ in Azerbaijani law enforcement OC Media, 19 July
2018 oc-media.org/torture-impunity-and-corruption-endemic-in-azerbaijani-law-enforcement/ [accessed 22 July
2018] Torture, impunity,
and corruption, are ‘endemic’ in Azerbaijani law enforcement agencies and
armed forces, according to a report published on Thursday by the Council of
Europe (CoE). The report said the institutions were
plagued by a ‘generalised culture of violence’
among their staff. Slaps, punches,
kicks, electric shocks, and blows from a baseball bat were among the abuses
in police detention observed by the CoE’s Committee
for the Prevention of Torture during a 2017 visit. The committee urged
Azerbaijan’s authorities to carry out effective investigations into the
maltreatment, and called on President Ilham Aliyev to deliver a clear public message of ‘zero
tolerance’ for such abuses. The committee’s
overall conclusions were highly critical. They slammed Azerbaijani law
enforcement agencies for a systematic failure to protect detainees’ rights —
including access to a lawyer and a doctor — or effectively investigate
allegations of maltreatment. Gnatovskyy urged the
Azerbaijani authorities to take ‘decisive action to stamp out torture in the
country’. Lawyer
Disbarred in Azerbaijan After Filing Torture Complaint Giorgi Gogia, South Caucasus Director, Europe and Central Asia
Division, Human Rights Watch, 27 Nov 2017 www.hrw.org/news/2017/11/27/lawyer-disbarred-azerbaijan-after-filing-torture-complaint [accessed 28
November 2017] In early August
2017, after visiting his client, Abbas Huseynov, in
Gobustan prison, Imanov gave interviews to media
outlets, saying his client was repeatedly beaten and tortured by the prison
staff and put in punishment cells under inhumane conditions. The lawyer
reported that multiple bruises were visible on Huseynov’s
body, and he could hardly sit and had difficulties walking. A month later, a
visiting Council of Europe official, shocked by what he saw at Gobustan
prison, called the conditions unacceptable. He also urged authorities to
investigate the credible account of Imanov’s
client’s torture. Imanov filed a complaint
with the prosecutor’s office, the ombudsman, and a Baku district court in
August. The authorities all rejected the allegations as groundless and
refused to investigate. On the same day Imanov filed the complaints, the deputy chief of the
Justice Ministry’s penitentiary service filed a complaint with the Bar
Association, accusing Imanov of spreading false
information and requesting disciplinary measures against him. In response, on
November 20, the Bar Association suspended Imanov’s
Bar membership and referred his case to a court with a view to his
disbarment. Effective immediately, Imanov cannot
represent his clients in court. Azerbaijan
visit: UN torture prevention body welcomes unhindered access, urges more
safeguards Baku, Azeri-Press
Agency APA, 24 April 2015 en.apa.az/xeber_azerbaijan_visit__un_torture_prevention__226195.html [accessed 10 May
2015] UN High Commissioner
for Refugees UNHCR, GENEVA/BAKU (24 April 2015) www.ohchr.org/EN/newsEvents/Pages/DisplayNews.aspx?NewsID=15886&LangID=E [accessed 25
December 2018] The UN Subcommittee
on Prevention of Torture (SPT) has welcomed the unhindered access it had to
places of detention in Azerbaijan during its resumed visit, while calling on
the authorities to do more to protect the rights of people deprived of their
liberty, the UN Baku Office told APA. The UN group of
experts visited places of deprivation of liberty throughout the country,
including in Nakhchivan Autonomous Republic. These
included police stations, pre-trial and temporary detention centres, investigative isolation units of the Ministry of
National Security, prisons, psychiatric hospitals and social care
institutions. Members of the
delegation carried out private and confidential interviews with law
enforcement officials, medical staff and persons deprived of their liberty.
The SPT delegation also met relevant Azerbaijani authorities, members of its
independent monitoring body, known as a National Preventive Mechanism (NPM)
and representatives of civil society. Following the
visit, the SPT will submit a confidential report to the Government of
Azerbaijan, containing its observations and recommendations. Human
Rights Watch World Report 2015 - Events of 2014 Human Rights Watch,
29 January 2015 www.hrw.org/world-report/2015/...
or
www.hrw.org/sites/default/files/wr2015_web.pdf [accessed 18 March
2015] AZERBAIJAN TORTURE AND
ILL-TREATMENT
- Torture and ill-treatment continue with impunity. In September, the United
Nations Subcommitee on Torture suspended its visit
to Azerbaijan, citing official obstruction in visiting places of detention.
In May, police arrested opposition activist Kemale Benenyarli at a protest rally following the conviction of
activists from “NIDA,” a youth organization. She alleged that police struck
her several times on the head while questioning her. According to her lawyer,
Benenyarli sustained several bruises on her head
and experienced headaches and vomiting as a result. Interior Ministry denied
the allegations and failed to investigate. Several youth activists
arrested in 2014 claimed they were beaten, harassed, and forced to sign
incriminating confessions while in police custody. They also complained of
undue restrictions in accessing their lawyers. For example, blogger Abdul Abilov was able to meet his lawyer only six days after
his November 2013 arrest and alleged that he had been punched, insulted, and
threatened with further violence until he agreed to sign incriminating
testimony. Authorities failed to conclusively investigate. Iranian national
tortured in Azerbaijan: ISNA Tehran Times, 18
November 2013 tehrantimes.com/politics/112180-iranian-national-tortured-in-azerbaijan-isna [accessed 20 Nov
2013] “They have burned
his body with buts of cigarette to make him confess to the benefit of the
Zionist regime,” ISNA quoted a close relative of Faraji
as saying. According to
another “reliable source”, the Iranian embassy in Baku has repeatedly asked
consular access to the citizen, but the request has been rejected in
violation of international regulations. The refusal to
grant consular access confirms assumption that the national has been
tortured, ISNA said. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment -- Doc. CAT/C/CR/30/RESP/1 (2004) www1.umn.edu/humanrts/cat/observations/azerbaijan2004.html [accessed 21
February 2013] It should also be
emphasized that, in the practice of the courts, acts of torture or
maltreatment identified at the pre-trial investigation stage are not ignored.
Thus, in the course of a judicial investigation all claims of the use of
torture against persons being investigated are considered, evidence is
gathered and the court scrupulously verifies the full observance of such
persons’ right to protection. Moreover, in the event of a complaint of
torture or maltreatment from the person investigated, the courts immediately
call for a forensic examination and the thorough, objective and independent
conduct of that examination is ensured. Thereafter, when a definitive
decision is rendered by the courts, all the evidence gathered is again
evaluated and instances of violence against the person investigated are noted
therein, if such acts occurred at the time of the pre-trial investigation. Judicial and procuratorial bodies supervise the work of the
investigative department of the Ministry of National Security to ensure that
it complies with the law. In recent years there have been no recorded cases
of unlawful arrest, detention or criminal prosecution by the Ministry’s
investigative department, nor have there been any cases of torture or cruel,
inhuman or degrading conduct on the part of investigators. The Ministry has
received no complaints of this kind. Every detainee,
accused person or remand prisoner has actually been provided with counsel.
Detainees and remand prisoners have been allowed proper face-to-face meetings
with their lawyers, without restrictions on the number or the duration of
such meetings, and the confidentiality requirement has been observed. All
investigative actions in respect of suspects and accused persons, including
the initial inquiry, have been conducted with the obligatory presence of a
lawyer. As stipulated by the Code of Criminal Procedure, all suspects or
accused persons have been notified in writing of their rights and
obligations, and their right to make a complaint about the actions of an investigator
to a procurator conducting procedural oversight of the pre-trial
investigation or to a court conducting judicial oversight is explained to
them. Persons legally in
custody have the right of correspondence and the right to meet with their
relatives. They also have the right to receive and consult copies of letters
accompanying any requests, claims and complaints sent to a specified
addressee. As stipulated by
law, persons in custody have the right to submit requests and complaints to
officials (a judge, a procurator, or the Commissioner for Human Rights of the
Republic of Azerbaijan) in confidential format (i.e. in sealed envelopes).
Detainees in remand centres also have this right.
On the day a person is detained or remanded in custody, the person’s family,
immediate relatives and place of work are notified of this fact in writing.
Arrangements are made for detainees at the Ministry of National Security
remand centre to meet with their immediate
relatives, should they so wish. Human Rights
Overview Human Rights Watch www.hrw.org/europecentral-asia/azerbaijan [accessed 16 January
2013] The government
cracked down on all forms of public protest, at times violently, and
imprisoned activists on politically-motivated charges. The atmosphere for
journalists is hostile, and government officials continue to initiate
criminal and civil libel cases against journalists. The government tightened
restrictions on religious groups, and banned women from wearing head scarves
in schools and universities, leading thousands to drop out. Torture and
ill-treatment in police custody continue with impunity. AMNESTY
INTERNATIONAL From an old article -- URL not available Article was published
sometime prior to 2015 TORTURE AND OTHER
ILL-TREATMENT
- Several activists detained at and after the protests in March and April
complained of ill-treatment at the moment of their arrest and subsequently
while in police custody. By the end of the year none of these allegations had
been effectively investigated. Bakhtiyar Hajiyev alleged that he had been ill-treated and
threatened with rape while in police custody in March, but his allegations
were dismissed without effective investigation. Tural Abbasli, leader of the youth wing of the opposition Musavat Party, maintained that he had been beaten when
arrested on 2 April and again while in custody in Yasamal
district police station in Baku. Tazakhan Miralamli, of the opposition Popular Front Party, was
allegedly beaten with batons by the police while being taken into custody on
2 April. His left eye was badly injured. He maintained that he was beaten
again in the Sabail district police department
before being taken to hospital, where, in addition to the injury to his eye,
he was diagnosed with a broken finger, kidney problems and extensive soft
tissue damage. Search … AMNESTY
INTERNATIONAL For current
articles:: Search Amnesty
International Website www.amnesty.org/en/search/?q=azerbaijan+torture&ref=&year=&lang=en&adv=1&sort=relevance [accessed 25 December
2018] ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** Human Rights
Reports » 2005 Country Reports on Human Rights Practices U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, March 8, 2006 www.state.gov/g/drl/rls/hrrpt/2005/61637.htm [accessed 16 January
2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61637.htm [accessed 2 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law
prohibits such practices and provides for penalties of up to 10 years in
jail; however, there were credible reports that security forces beat
detainees to extract confessions while in custody. Despite defendants' claims
that testimony was obtained through torture or abuse, no cases involving such
claims were dismissed. A domestic human rights monitor reported that security
forces tortured between 40 and 50 persons while in custody. For example, a
human rights monitor reported that police tied a detainee to a chair in a
police station and beat the person with a metal pipe. In early November
the media reported that officers of the MIA Organized Crime Unit (OCU)
repeatedly gave electric shocks to opposition Azerbaijan Democratic Party
(ADP) deputy chairman and former political prisoner Natik
Efendiyev while in detention (see section 1.d.).
Following widespread press, local NGO, and international observer attention,
the MIA transferred Efendiyev from the OCU to a
local prison where he received medical treatment. On December 4, Koroglu Gasimov, the Ganja city
chief police inspector, allegedly sexually assaulted a woman and sodomized
her adult son during an investigation into allegations that the son
burglarized a local business. MIA inspectors suspended Gasimov
and opened a criminal investigation into his conduct; on December 7, the
ministry dismissed Koroglu. The government
dismissed police officer Javanshir Mammadov for beating a Zerkalo
newspaper journalist, Farid Teymurxanli,
at an unsanctioned opposition rally on May 21. According to the
MIA, authorities criminally charged six police officers for violations of
human rights and civil liberties. Human rights monitors reported that the
government dismissed four other law enforcement officers for misconduct
during the year. During the year the
government did not punish MIA officials for the beating, torture, and verbal
abuse of persons detained in the aftermath of the 2003 presidential election,
nor was any action expected. The government promoted one of the senior
officers allegedly involved in the 2003 abuses, Viliyat
Eyvazov, to deputy minister of internal affairs.
The government also did not hold accountable any officials responsible for
the excessive use of force at the November 26 peaceful demonstration. Freedom House
Country Report - Political Rights: 6 Civil Liberties: 5 Status: Not Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/azerbaijan [accessed 16 January
2013] LONG URL
ç 2009 Country Reports begin on Page 21 [accessed 11 May
2020] The judiciary is
corrupt, inefficient, and subservient to the executive branch. Arbitrary
arrest and detention are common, particularly for members of the political
opposition. Detainees are often held for long periods before trial, and their
access to lawyers is restricted. Police abuse of suspects during arrest and
interrogation reportedly remains commonplace, with torture sometimes used to
extract confessions. Prison conditions are severe, with many inmates
suffering from overcrowding and inadequate medical care. U.S.
Library of Congress - Country Study [dated] Library of Congress
Call Number DK509 .A727 1995 www.loc.gov/collections/country-studies/?q=DK509+.A727+1995 [accessed 17 July
2017] HUMAN RIGHTS AND THE
MEDIA –
Ethnic conflict between Armenians and Azerbaijanis has resulted in widespread
human rights violations by vigilante groups and local authorities. During the
Elchibey period, the minister of internal affairs
was replaced after admitting to numerous human rights abuses. Lezgins in Azerbaijan have complained of human rights
abuses such as restrictions on educational opportunities in their native
language (see Smaller Ethnic Minorities this ch.).
In the early 1990s, Amnesty International and Helsinki Watch cited numerous
cases of arbitrary arrest and torture, including incidents since Aliyev assumed power in 1993. These organizations and
several governments protested against the arrest and beating of hundreds of
APF and other political and government officials and raids on APF offices,
all after the change of government in mid-1993. At one point, Isa Kamber, a former speaker of the Melli-Majlis,
was seized in the legislative chamber and held for two months. In late 1993,
other APF officials were reportedly arrested for antigovernment activity, and
Aliyev asserted that APF members were plotting an
armed uprising against him. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, " Torture by Police, Forced
Disappearance & Other Ill Treatment in the early years of the 21st
Century- Azerbaijan", http://gvnet.com/torture/Azerbaijan.htm, [accessed
<date>] |
