Human Rights Activists Assess Situation in Prisons Differently

Provisions in detention centers and penal institutions in Azerbaijan were discussed Thursday at a conference titled: "Prisons before our eyes: the results of the monitoring of prisons of Azerbaijan."

The event was organized by the NGO "For Human Rights" on the project "Monitoring of prisons in Azerbaijan" implemented in 2011-2012 with financial support from the German Foreign Ministry.

"Prisoners are also members of the society, and if they are in bad conditions, it is necessary to correct this situation," said Frederick Hanke, first secretary and political adviser to the Embassy of Germany in Baku. The head of the NGO "For Human Rights" Fatullayev said that the monitoring was extended to all the country's prisons. As a former prisoner, it was easy for him to compare the current situation to what it was previously.

According to him, changes in the prison system began 7-10 years ago, but in recent months, there has been a perceptible change. The positive points he mentioned included repairs to punishment cells in all the prisons. "Before, punishment cells resembled concrete bags, and to stay there for several days led to serious illnesses. Now all the punishment cells are covered with wooden floors," he said.

Another positive result identified by Fatullayev is the virtual elimination of drug trafficking. He also noted that the construction of a new prison complex in Sheki corresponds to the European Prison Rules. He showed photos of 4-seat cells, laundry, bathrooms, kitchens and classrooms in the institution of mixed type, which will operate a jail with places for women, minorities, and prisoners sentenced to confinement in different modes.

Previously, similar prison complexes were built in Nakhchivan and Baku (Prison No 1). Closer to the European standards are jails NN 11, 3, 9 and 4. However, the infrastructure of most of the jails is a Soviet legacy and new institutions are required instead.

As one of the achievements in the reform of the penitentiary system, Fatullayev noted elimination of the so-called "common fund." As another positive development he described was the practice of issuing leave to prisoners to attend their relatives' funerals.

However, according to former political prisoner Panah Huseyn, punishment conditions remain harsh. In Jail No 14, there is a problem with water supply, so they use snow in winter. He noted incidents of death in custody due to the lack of quality health care, and prohibiting terminally ill inmates to spend their last days with their families.

MP Fazil Ghazanfar, Head of the party Great Creation believes that many prisoners' problems start because of unfair trials and he noted the need to reform the justice system first. Lawyer Aslan Ismailov said that if convicted people enjoy accommodation in the Hilton, with the current practice of treatment of prisoners, it would be meaningless. He gave an example where his client experienced an exacerbation of diabetes mellitus and ischemic heart disease but was not taken to the medical unit of the Baku prison; a bribe was also demanded.

Lawyer Anar Gasimov pointed to the problem of legal council having access to their clients in prison. Administration still requires permission from management of the prison service, the Ministry of Justice. For example, Gasimov is not allowed access to Movsum Samedov, leader of the Islamic Party and, according to unofficial information, there are plans to transfer the convicted person to a closed prison.

Elchin Behbudov, head of the Committee against Torture, said there were complaints of torture in prisons. However, unlike facilities of the Ministry of Interior, Ministry of National Security and Defense, he is barred from monitoring the prison service.

MP Igbal Aghazadeh, a former political prisoner and the leader of the Umid Party, said that the creation of separate exemplary punishment cells, chambers and institutions is not an indicator of the overall situation. According to him, the creation of "model" is characteristic of all projects in Azerbaijan and is aimed at forming a favorable, false impression. According to Aghazadeh, another serious problem is the unsubstantiated denials of parole after serving half, two-thirds or even three-quarters of a sentence.

Mehman Sadigov, head of the Public Relations Department of the Prison Service noted that despite the persistence of certain problems, the circumstances of people arrested and convicted is steadily improving. He pointed to the improvement of legislation. Thus, according to a recent law, placement in solitary confinement can be immediately challenged in court and there are examples of positive resolutions to such appeals.

Increased numbers of food transfers to people sentenced to life imprisonment, increased numbers of meetings with relatives, the number of telephone conversations and the placement of televisions in prisoner cells are all indicators of environmental improvements.

A new prison for life prisoners is being built in the village Umbaki. Mixed prisons have recently been built in Lankaran, Ganja and Kurdamir. Additionally, penitentiaries are accessible to human rights activists from the Public Committee to visit and monitor. -06C-