Azərbaycan
Respublikasının Milli Məclisi qərara alır:
I.
Azərbaycan Respublikası 1995-ci il martın 21-də Strasburq şəhərində Azərbaycan
Respublikası tərəfindən imzalanmış «Məhkum olunmuş şəxslərin
verilməsi haqqında» 1983-cü il 21 mart tarixli Avropa Konvensiyasına müvafiq
bəyanatlar və qeyd-şərt ilə (bəyanatların və qeyd-şərtin mətnləri
əlavə olunur) qoşulsun.
II. Bu
Qanun dərc edildiyi gündən qüvvəyə minir. Azərbaycan
Respublikasının Prezidenti HEYDƏRƏLİYEV Bakı şəhəri, 12 dekabr 2000-ci il. № 43-IIQ
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Strasbourg,
30.XI.1964 Annex Explanatory
Report Français TranslationsPreamble The member States of the
Council of Europe, signatory hereto, Considering that the aim of
the Council of Europe is to achieve greater unity among its Members; Being resolved to take
concerted action to combat crime; Considering that, to this end,
they are in duty bound to ensure, in the territory of the other Contracting
Parties, either the social rehabilitation of offenders given suspended
sentences or released conditionally by their own courts, or the enforcement of
the sentence when the prescribed conditions are not fulfilled, Have agreed as follows:
Strasbourg, 25.I.1974 Français TranslationsThe member
States of the Council of Europe, signatory hereto, Considering
the necessity to safeguard human dignity in time of war and in time of peace; Considering
that crimes against humanity and the most serious violations of the laws and
customs of war constitute a serious infraction of human dignity; Concerned in
consequence to ensure that the punishment of those crimes is not prevented by
statutory limitations whether in relation to prosecution or to the enforcement
of the punishment; Considering
the essential interest in promoting a common criminal policy in this field, the
aim of the Council of Europe being to achieve a greater unity between its
members, Have agreed
as follows:
The Hague, 28.V.1970 Appendix I|II|III Explanatory Report Français TranslationsPreamble The member
States of the Council of Europe, signatory hereto, Considering
that the fight against crime, which is becoming increasingly an international
problem, calls for the use of modern and effective methods on an international
scale; Convinced of
the need to pursue a common criminal policy aimed at the protection of society; Conscious of
the need to respect human dignity and to promote the rehabilitation of
offenders; Considering
that the aim of the Council of Europe is to achieve greater unity between its
Members, Have agreed
as follows:
The member
States of the Council of Europe, signatory hereto,
Having
regard to theConvention for the Protection
of Human Rights and Fundamental Freedoms, signed at
Rome on 4th November 1950 (hereinafter referred to as "the
Convention"); Considering
that it is expedient for the better fulfilment of the purposes of the
Convention that persons taking part in proceedings before the European
Commission of Human Rights (hereinafter referred to as "the
Commission") or the European Court of Human Rights (hereinafter referred
to as "the Court") shall be accorded certain immunities and
facilities;
Desiring to
conclude an Agreement for this purpose, Have agreed
as follows:
The member States of the Council of Europe,
signatory to this Protocol,
Desirous of facilitating the application of
the European Convention on Mutual Assistance in Criminal Matters opened for
signature in Strasbourg on 20th April 1959 (hereinafter referred to as
"the Convention") in the field of fiscal offences;
Considering it also desirable to supplement
the Convention in certain other respects,
The member
States of the Council of Europe, signatory hereto,
Considering
that the aim of the Council of Europe is to achieve a greater unity between its
members;
Considering
that it is desirable to eliminate existing economic obstacles to civil
proceedings and to permit persons in an economically weak position more easily
to exercise their rights in member States;
Believing
that the creation of an appropriate system of transmission of applications for
legal aid would contribute to the attainment of this aim,
The Special Rapporteur will act upon receiving credible information suggesting that an individual or a group of individuals is at risk of torture at the hands, consent, or acquiescence of public officials.
Without drawing any conclusions as to the facts of the case, the Special Rapporteur will send a letter to the Minister of Foreign Affairs of the country concerned, urging the Government to ensure the physical and mental integrity of the person(s).
The Special Rapporteur also takes action when persons are feared to be at risk of:
corporal punishment;
means of restraint contrary to international standards;
prolonged incommunicado detention;
solitary confinement;
"torturous" conditions of detention;
the denial of medical treatment and adequate nutrition;
imminent deportation to a country where there is a risk of torture, and
the threatened use or excessive use of force by law enforcement officials.
Urgent appeals are also transmitted concerning the enactment of legislation that will allegedly undermine the prohibition of torture (e.g. providing impunity for acts of torture).
By Mari
Amos, Sub-Committee on the Prevention of Torture (SPT)
I.
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and its optional protocol
According
to the article 2 of the convention each State Party shall take effective
measures to prevent acts of torture in any territory under its jurisdiction.
One of the measures is described in OPCAT and that is building up the system of
NPMs as according to the article 17 of the OPCAT states establish one or
several independent national preventive mechanisms for the prevention of torture
at the domestic level. Exact form or criteria is not determined by this
international instrument and it is for the states to decide how such mechanisms
should be created and operated.
