Despite development of Azerbaijani penitentiary system, there are problems with rights of prisoners, participants of "roundtable" assert

Important steps for compliance of Azerbaijani SIZOs (pre-trial prisons) and penitentiary institutions with the requirements of the Prison Rules of the Council of Europe have been taken. This was reported today by Mekhman Sadygov, Chief of the Public Relations Division of the Penitentiary Service of the Ministry of Justice, at the conference "Prisons by our eyes: results of monitoring of penitentiary institutions in Azerbaijan". Meanwhile, according to the other participants of the conference, treatment of prisoners in the prisons has undergone little changes, and they are still deprived of rights.

The conference was organized by the NGO "For Human Rights" within the project "Monitoring of Prisons in Azerbaijan", implemented in 2011-2012 with financial support from the German Ministry of Foreign Affairs (MFA). It was attended by politicians, government officials, leaders of public organizations, and human rights defenders.

Einulla Fatullaev, the leader of the NGO "For Human Rights", the former "prisoner of conscience", has reported that monitoring was extended to all 20 penitentiary institutions of the country. He has emphasized that, being a former prisoner, he found that "easy to compare the current situation with the one used to be earlier."

According to him, even 7-10 years ago, the penitentiary system has begun to take steps towards European standards. "However, in recent months, especially striking changes take place," Einulla Fatullaev said.

Among the positive points, he mentioned repairs of isolation wards in all penal colonies. Earlier, according to him, those isolation wards resembled concrete boxes, and stay in them for several days could cause internal diseases.

At present, according to him, instead of wide planks, attached to the walls, all isolation wards are equipped with the wooden floors and normal beds.

The former "prisoner of conscience" mentioned eradication of drug trafficking in prisons as one more positive development. "In the colony No. 5, they were openly sold at the prison shop. However, at present, the situation has changed. Incidentally, the head of the colony No. 5 was dismissed from his position and brought to justice," Einulla Fatullaev said.

Einulla Fatullaev: important indicator of penitentiary system's state is improvement of its infrastructure

"Much depends on the infrastructure. If detention facilities and prisons have normal toilets, showers, laundries, and their number is sufficient, then the conditions for bribery disappear. And a detainee or a convict should not give a bribe to obtain a priority possibility to take shower, since a shower room is available to him," Einulla Fatullaev said.

In that sense, he mentioned the positive development of soonest opening of a new mixed penitentiary institution in the Sheki District (400 km north-west of Baku), which would comply with the European standards. In confirmation, he showed the photo of four-place cells, a laundry, WC-and-bathroom units, a kitchen, classrooms of that penitentiary institution, which would also have a SIZO (pre-trial prison), places for detentions of women, minors, and other prisoners.

Earlier, the similar penitentiary institution was built in the Nakhchivan Autonomous Republic (NAR). Besides, the Baku SIZO No. 1was constructed in accordance with the European standards. The penal colonies No.11, 3, 9 and 4 also created the conditions, similar to the requirements of the European Prison Rules.

However, Einulla Fatullaev has stressed that the infrastructure of most penal colonies represents "Soviet heritage", and, therefore, new institutions should be built to replace them.

Einulla Fatullaev mentioned one more achievement of Azerbaijan in the sphere of reform of the penitentiary system, carried out in recent years, the elimination of so-called "common fund" and of informal governance of crime bosses, and the introduced practice of prisoners' leave for memorial services for their relatives.

Panakh Gusein: conditions of prisoners' detention remain tough

However, according to Panakh Gusein, a former political prisoner, in Azerbaijan, conditions of service of sentences by prisoners remain tough. Thus, the penal colony No. 14 has problems with water supply.

He has also recalled the facts of prisoners' deaths because of absence of quality medical treatment and the prohibition for death-sick prisoners to spend their last days with their family members.

MP Fazil Gazanfar, the leader of the "Great Creation" Party, believes that many prisoners' problems arise because of unfair trials and, first of all, the justice system should be reformed.

Lawyer Aslan Ismailov has stated that "even if conditions of accommodation at the 'Hilton' Hotel are created for convicts, that fact will lose all meaning under the current practice of treatment of prisoners." He gave an example, where his client, diagnosed with exacerbation of pancreatic diabetes and ischemic heart disease was not taken to the medical unit of the Baku SIZO, and he was requested to give a bribe.

Lawyer Anar Gasymov has pointed out the problem, when lawyers are not allowed to visit their clients in the penal colonies. According to the lawyer, apart from warrants, the administration also requires permission from the leaders of the Penitentiary Service, the Ministry of Justice. In particular, Anar Gasymov himself is not allowed to Movsum Samedov, the leader of the Islamic Party of Azerbaijan.

Elchin Bekhbudov, the head of the Committee against Torture, reported on incoming complaints about torture in the penal colonies. However, he has stressed that, unlike the detention facilities of the Ministry of Internal Affairs (MIA), the Ministry of National Security, and the Ministry of Defence, he is not allowed to monitor the Penitentiary Service.

MP Iqbal Agazade, the former political prisoner, the leader of the "Umid" (Hope) Party, has emphasized that "creation of several exemplary isolation wards, cells, and penitentiary institutions is not an indicator of the overall situation." According to him, the creation of such objects is characteristic of the entire Azerbaijan and is aimed at developing the wrong impression of the trouble-free situation.

Iqbal Agazade has mentioned one more serious problem unsubstantiated, according to him, refusals of conditional early relief (CER) after prisoners have served half, two-thirds or even three-quarters of their sentences.

Einulla Fatullaev, the leader of the NGO "For Human Rights", has also pointed out the problems with release on CER. "Unfortunately, the mechanism of early relief does not actually work at our places," the human rights defender has noted. He has reported that the project involves the organization of special public hearings on the problem.

Mekhman Sadygov: problems persist; however, prisoners' situation gets better

Mekhman Sadygov, Chief of the Public Relations Division of the Penitentiary Service of the Ministry of Justice, has noted that, despite the persistence of certain problems, the situation of arrested and convicted persons steadily gets better. In particular, he pointed out the improvement of the legislation. In particular, in accordance with the law, adopted recently, placement in an isolation ward can be immediately challenged at the court, and there are examples of positive solutions of such appeals.

According to Mekhman Sadygov, at present, persons, sentenced to life imprisonment, have the right to more transfers of things, more meetings with their relatives, and more telephone conversations, and their cells are equipped with TVs.

The official has added that the work to employ prisoners and, in particular, to create production sectors at the penal colonies, is underway. Besides, according to the representative of the Penitentiary Service, the penitentiary institutions can be free attended by human rights defenders from the Public Committee and by representatives of international organizations the Red Cross, the OSCE, and the Council of Europe.

Summing up the discussion, Einulla Fatullaev has reported that the results of the monitoring of the penitentiary institutions with the findings and recommendations will be presented to the government, human rights institutions, embassies, and international organizations.