В конце сентября Комитет из трех судей Европейского Суда по Правам Человека (ЕСПЧ) принял решение снять с рассмотрения одну из жалоб против Азербайджана.
Жалоба № 4276/07 подана жителями г.Баку, братьями Шахином и Галибом Гулиевыми в январе 2007 г., на жестокое обращение в полиции и не эффективное расследование.
The Committee considered the fourth periodic report of Azerbaijan (CCPR/C/AZE/4) at its 3315th and 3316th meetings (CCPR/C/SR.3315 and 3316), held on 20 and 21 October 2016. At its 3330th and 3333rd meetings, held on 1 and 2 November 2016, it adopted the present concluding observations.
The Committee welcomes the submission of the fourth periodic report of Azerbaijan, and the information presented therein. It expresses appreciation for the opportunity to renew its constructive dialogue with the State party’s high-level delegation on the measures taken during the reporting period to implement the provisions of the Covenant. The Committee is grateful to the State party for its written replies (CCPR/C/AZE/Q/4/Add.1) to the list of issues (CCPR/C/AZE/Q/4), which were supplemented by the oral responses provided by the delegation.
Resolution adopted by the General Assembly on 17 December 2015 [on the report of the Third Committee (A/70/490)] 70/175. United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) The General Assembly, Guided by the principal purposes of the United Nations, as set out in the Preamble to the Charter of the United Nations and the Universal Declaration of Human Rights,1 and inspired by the determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, without distinction of any kind, and in the equal rights of men and women and of nations large and small, to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained and to promote social progress and better standards of life in larger freedom,
The United Nations Working Group on Arbitrary Detention was invited by the Government of Azerbaijan to conduct a country visit from 16 to 25 May 2016. Mr Guevara, Vice Chair, and I, Adjovi, were accompanied by Ms. Rinaldi and Ms. Nechaeva, two staff of the Working Group’s Secretariat from the Office of the United Nations High Commissioner for Human Rights in Geneva, and two interpreters.
I would like to extend our gratitude and appreciation to the Government of Azerbaijan for inviting us to undertake this country visit. This invitation demonstrates the willingness of Azerbaijan to submit itself to the scrutiny of the international community through the independent experts. This is a laudable position bearing in mind that many States have not done so yet.
1. The case originated in an application (no. 59620/14) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Azerbaijani nationals, Ms Leyla Islam gizi Yunusova (Leyla İslam qızı Yunusova – “the first applicant”) and Mr Arif Seyfulla oglu Yunusov (Arif Seyfulla oğlu Yunusov - “the second applicant”), on 29 August 2014.
2. The applicants were represented by Mr K. Bagirov, a lawyer practising in Azerbaijan. The first applicant was also represented by Mr J. Javadov and Ms D. Bychawska-Siniarska, lawyers practising in Azerbaijan and Poland, respectively. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
3. The applicants alleged that they had not received adequate medical assistance while in detention and that their state of health had been incompatible with their conditions of detention. The first applicant also complained that she had been subjected to verbal and physical violence by a prison guard and one of her cellmates.
The United Nations Working Group on Arbitrary Detention was invited by the Government of Azerbaijan to conduct a country visit from 16 to 25 May 2016. Mr Guevara, Vice Chair, and I, Adjovi, were accompanied by Ms. Rinaldi and Ms. Nechaeva, two staff of the Working Group’s Secretariat from the Office of the United Nations High Commissioner for Human Rights in Geneva, and two interpreters.
I would like to extend our gratitude and appreciation to the Government of Azerbaijan for inviting us to undertake this country visit. This invitation demonstrates the willingness of Azerbaijan to submit itself to the scrutiny of the international community through the independent experts. This is a laudable position bearing in mind that many States have not done so yet.
1. The case originated in an application (no. 69981/14) against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Azerbaijani national, Mr Rasul Agahasan oglu Jafarov (Rəsul Ağahəsən oğlu Cəfərov – “the applicant”), on 10 October 2014.
2. The applicant was represented by Mr K. Bagirov, a lawyer based in Azerbaijan, and Mrs R. Remezaite, a lawyer based in London. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
3. The applicant alleged, in particular, that his arrest and pre-trial detention had not been justified and had been carried out in bad faith, that his right to freedom of assembly had been breached, and that his rights had been restricted for purposes other than those prescribed in the Convention.
4. On 3 December 2014 the complaints concerning the alleged breaches of Article 5 §§ 1, 3 and 4, and Articles 11 and 18 of the Convention were communicated to the Government and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court. On 25 June 2015 a new complaint concerning an alleged failure to comply with the obligations under Article 34 of the Convention was communicated to the Government. The applicant and the Government each submitted written observations on the admissibility and merits of the case. The Council of Europe Commissioner for Human Rights made use of his right under Article 36 § 3 of the Convention to intervene as a third party, and submitted observations in accordance with Rule 44 § 2 of the Rules of Court. Observations were also received from the Helsinki Foundation for Human Rights, Human Rights House Foundation and Freedom Now, to whom the President had given leave to intervene as third parties in the written procedure (Article 36 § 2 of the Convention and Rule 44 § 3 of the Rules of Court).
Opinions adopted by the Working Group on Arbitrary Detention at its sixty-eighth session, 13–22 November 2013
No. 59/2013 (Republic of Azerbaijan)
Communication addressed to the Government on 9 August 2013
Concerning Hilal Mammadov.
The Government replied to the communication on 14 October 2013.
The State is a party to the International Covenant on Civil and Political Rights.
1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the former Commission on Human Rights, which extended and clarified the Working Group’s mandate in its resolution 1997/50. The Human Rights Council assumed the mandate in its decision 2006/102 and extended it for a three-year period in its resolution 15/18 of 30 September 2010. The mandate was extended for a further three years in resolution 24/7 of 26 September 2013. In accordance with its methods of work (A/HRC/16/47 and Corr.1, annex), the Working Group transmitted the above-mentioned communication to the Government.
Məhkum olunmuş bir sıra şəxslərin, onların ailə üzvlərinin, İnsan hüquqları üzrə müvəkkilin, insan hüquqlarının müdafiəsi təşkilatlarının Azərbaycan Respublikası Prezidentinə ünvanlanmış əfv haqqında müraciətlərinə baxaraq, məhkumların şəxsiyyətini, səhhətini, ailə vəziyyətini, cəza çəkdikləri müddətdə davranışlarını nəzərə alaraq, humanizm prinsiplərinə əsaslanaraq, Azərbaycan Respublikası Konstitusiyasının 109-cu maddəsinin 22-ci bəndini rəhbər tutaraq qərara alıram:
