Azerbaijan Committe Against Tortures

Resident of Mashtaga settlement in Baki Khalilova Valida Memmed gizi appealed to Committee concerning his son’s death during his military service. more

Resident of Salyan district Agayev Ilyas Balakishi appealed to committee concerning his son’s execution with tortures during his military service. more

Inhabitant of Qejer-Zeyid village of Guba district Jamiyev Shemseddin Gurbet ohlu appealed to the Committee with the fact of being beaten by Representative of Execution Body of Guba district. more

Legislation of Azerbaijan Republic against tortures

International legislation

CONVENTION Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Local legislation

Azerbaijan Republic Constitution and Legislation, several international legal-normative acts and Conventions that Azerbaijan joined prohibit tortures and consider measures for their prevention. 46th article of Azerbaijan Republic Constitution states:

1) Everyone has a right to protect his/her pride and dignity.
2) Dignity of personality should be protected by the state. Dignity of the personality is not allowed.
3) Nobody is subject to be tortured and tormented. Nobody should be held medical, scientific and other experiments on without his/her own consent.

Criminal legislation of Azerbaijan Republic envisages violence, threat, blackmail and also application of tortures as a means of criminality. Criminal code of Azerbaijan Republic envisages use of torture terms as a norm in the below mentioned articles: 113 – “Application of torture”, 115.2 – “Violation of war laws and traditions”, 133 – “Torture”, 293.2 – “to force to give false evidence”, 331 – “to inflict torture to military employees”.

Torture is estimated as a physical and psychological injury by means of systematic beating and forcible deed in the legislation (Article 133 of Criminal Code of Azerbaijan Republic).
In-human treatment is prohibited in the Code of Punishment Execution of Azerbaijan Republic. Article 3.3 of the Code states: “This Code is based on prohibition of tortures, other inhuman and degrading treatment with prisoners according to Constitution of Azerbaijan Republic, appropriate laws and principles and norms of international law”.

II part of Article 5 of ‘Law about Policemen’ of Azerbaijan Republic states that the treatment by police officer with anyone in degrading manner is prohibited.

Azerbaijan joined the Convention of “Torture and other cruel, inhuman or degrading treatment or punishment” of UNO. According to the requirements of the Convention Azerbaijan should improve its legislation and adjust to worldwide standards:

1) According to obligations – plenipotentiary bodies should investigate and take appropriate measures if torture case is supposed to happen;

2) The individual subjected to torture has a right to complaint – his/her complaint should supported.
3) His/her family should get a compensation if the victim dies because of torture.

Article 3 of Europe Convention about Protection of Human Rights and Key Freedom (Article 3. Prohibition of tortures) states that no one should be subjected to torture, inhuman or degrading treatment and punishment.

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NEWS

New York Times,
March 21, 2008
Muhammad Rahim was in C.I.A. detention for at least six months as part of a program in which C.I.A. officers have been authorized to use harsh interrogation techniques.

The Times,
March 19, 2008
Dalai Lama threatens to stand down over violence as China calls him a liar. He responded to charges from China that he orchestrated deadly riots in Lhasa to sabotage the Olympics with a pledge to resign as temporal leader of Tibet’s Buddhist people if the violence — on both sides — did not stop.

New York Times,
March 9, 2008
How do you get a terrorist to talk? Despite the questioning of tens of thousands of captives in Iraq and Afghanistan in the last six years, and a high-decibel political battle over torture, experts say there has been little serious research to answer that crucial question.

Deutsche Welle,
March 8, 2008
The Swedish military has accused French soldiers of torturing civilians during the EU-led Operation Artemis in the Democratic Republic of Congo in 2003, one of the bloc's first joint missions. Five years ago, the European Union sent some 1,500 soldiers to DR Congo as part of a UN mission to take action against the bandits marauding the north-eastern part of the country. The troops were there to protect the civilians.

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