Prisoners` legal problems and issues awaiting resolution....

Azerbaijan frequently garners unfavorable attention in the annual human rights reports of international organizations due to the alarming prevalence of human rights violations, political violence, and instances of torture within the country. The Council of Europe's 2022 report titled "Prison Populations 2022" highlights Azerbaijan as the third highest country within the Council of Europe in terms of its prisoner count. This substantial inmate population not only engenders socioeconomic challenges for detainees but also gives rise to a slew of other predicaments.

Of particular concern is the legal landscape that individuals under investigation and those incarcerated face within Azerbaijan. While the country's current legislation ostensibly safeguards prisoners' rights, the actual situation presents formidable obstacles (as delineated in the execution of punishments code: Articles 10, 14, 20, 22). The provision of state-appointed lawyers to detainees due to financial constraints frequently results in less than satisfactory legal representation. Remarkably, these lawyers often demonstrate a lack of interest in advocating for their clients during investigations and subsequent trials. Their involvement often amounts to mere formality, characterized by passive participation and minimal engagement. These legal representatives commonly refrain from participating in the formulation of appeals, cassation complaints, and proceedings in higher courts.

As a result, defendants or their families are often compelled to seek alternative legal representation, despite financial challenges. This endeavor incurs substantial costs, ranging from 2,000 to 5,000 Azerbaijani Manats for the families of prisoners. Nevertheless, these new attorneys, too, often appear indifferent to cases, potentially influenced by external factors, and at times engage in dubious relationships with judges in a bid to negotiate lighter sentences for a fee. The extent of these bribes hinges on the gravity and multiplicity of charges, as well as the leniency offered by different articles. Notably, prisoners from low-income backgrounds are often unable to afford legal representation altogether. This predicament leaves many either wrongfully incarcerated or subject to harsher sentences.

The prevailing legal situation remains lamentable. Even though numerous paid lawyers receive funds, the majority of them neither visit the incarcerated nor establish any meaningful interaction. During my three-year detainment, I observed that a staggering 90% of convicts' lawyers did not visit their clients in prison. These attorneys often employ reassuring but hollow remarks like "Don't worry, everything will be taken care of. Why should I visit the prison?" Their passive attitude significantly hampers the legal processes, resulting in unfavorable outcomes, unbeknownst to the prisoners or their families.

Complications also arise concerning the handling of court documents and appeals. Detainees are frequently left to draft petitions, appeals, and cassation complaints themselves, with the assistance of fellow inmates possessing a modicum of literacy. The preparation of these documents is frequently rudimentary, and many fall short of deadlines, adding to the detainees' challenges. Courts often dismiss requests to extend these deadlines, further exacerbating the problem. However, these deadlines can be restored in exchange for a bribe of at least 500 Azerbaijani Manats. Naturally, not all prisoners have the means to pursue this avenue.

Moreover, the legal literature available in prison libraries is outdated, with the latest materials dating back to 2014. This renders these resources ineffective for inmates who lack literacy. Many prisoners are effectively barred from submitting complaints to the European Court of Human Rights and the UN Committee on Human Rights.

During my imprisonment, I maintained my role as a human rights advocate. I provided legal aid to fellow inmates, preparing appeals and cassation complaints on their behalf. Some prisoners even saw reduced sentences and eventual release due to my efforts. Notably, during my time at Penitentiary No. 16, my actions led to the reduction of sentences for 44 inmates by 3 months to 1 year.

A further complication is posed by the requirement for electronic appeals to courts. Recent legislative amendments dictate that civil case proceedings, including the submission and reception of applications, complaints, and documents, must occur through the "electronic court" Information System, necessitating the use of certified electronic signatures. Yet, in prisons, inmates lack access to internet resources or are prohibited from using them, forcing them to rely on traditional means to submit their appeals.

Prisoners often find themselves embroiled in civil disputes such as alimony claims, property disputes, and matters related to communication and loans. These grievances are compounded by the courts' reluctance to accept non-electronic filings. Such arbitrary rejections can lead to delayed legal proceedings and exacerbate existing problems, fostering additional psychological distress among inmates.

To address these pressing issues, comprehensive legal aid and educational initiatives should be established for both detainees and their families. Ensuring access to competent representation is crucial, particularly for those from disadvantaged backgrounds. Additionally, initiatives to facilitate inmates' electronic court access should be implemented, considering the current restrictions on internet usage. Swift resolution of these issues is essential to uphold the rights of individuals within the Azerbaijani criminal justice system.

P.S. The negative facts mentioned in the article on advocacy do not apply to conscientious lawyers, and their work is invaluable.