Print MINISTRY OF JUSTICE OF THE REPUBLIC OF AZERBAIJAN
ORDER
25th April 2006 4-T
On Approval of Regulations on Public Participation in Correction of Prisoners and Public Supervision over the Penitentiary
The Code of Execution of Punishments of the Republic of Azerbaijan provides for public participation in the correction of prisoners and public supervision over the penitentiary facilities. Analogous provisions are also set forth in the Statute of the Ministry of Justice as well as in the European Penitentiary Rules and other international documents.
However, Chief Department on the Execution of Judgements demonstrating no respect to this issue in the past, established so-called spurious "Public Council" for show failing thereby to ensure proper legal background subject to the provisions of the aforesaid Code. The "Council" while making occasional blind visits to the penitentiary institutions intentionally failed to highlight the real situation in the reports given thereupon.
In accordance with the Presidential instructions towards elimination of the existing serious shortcomings in the penitentiary system, the Ministry of Justice implemented profound measures, which included, inter alia, establishment of close relations with public organizations, ensuring systematic impartial monitoring and holding meetings.
Hence, the conference was held in order to discuss organization of mutual collaboration on 8th August 2005. "Memorandum on Mutual Understanding" was signed between NGO's and the Ministry of Justice thereat. Moreover, a working group was set up in order to draft a relevant legal act providing for public supervision over the penitentiary.
Thus, draft "Regulations on public participation in correction of prisoners and public supervision over the penitentiary" was developed absorbing proposals of human rights defenders, NGO's dealing with penitentiary issues and ombudsman. It was discussed and hold acceptable by the MoJ Plenary Board at its meeting on 27th January 2006. Then, the draft was forwarded to the relevant institutions seeking their feedback. Consequently, the draft was highly evaluated as a progressive and transparent document while some proposals were formulated thereto. The re-viewed draft was considered and subsequently approved by the Plenary Board.
Taking into account the abovementioned,
I HEREBY ORDER:
1. To approve "Regulations on public participation in correction of prisoners and public supervision over the penitentiary" (enclosed) and to provide its public registration subject to stipulated procedure.
2. To arrange consultations with relevant institutions in order to elaborate proposals regarding setting up a Selection Commission which will establish Public Committee to implement public participation in correction of prisoners and public supervision over the penitentiary.
3. To render necessary assistance and to provide coordination in order to entirely meet needs of the Selection Commission and the Public Committee.
4. To provide thorough study of "The Regulations on Public Participation in Correction of Prisoners and Public Supervision over the Penitentiary" by the officials of the Chief Department for Execution of Court Decisions and other relevant bodies as well as to ensure proper implementation of the Regulations.
5. To provide distribution of the relevant information about the present Regulations in the media with the view to ensure wider transparency and openness of the penitentiary service; to place this document with the ministerial publications and websites, translate into foreign languages so as to raise awareness of the international organizations.
6. To ensure that Organization and Analysis Department of the Ministry of Justice provides coordination between the Public Committee and relevant ministerial units, and to highlight Committee's activity in the MoJ web-sites and media.
7. To provide distribution of the Order among relevant justice bodies.
Basis: The Decision of the Plenary Board of the Ministry of Justice dated 19 April 2006
Fikrat Mammadov
Minister of Justice
of the Republic of Azerbaijan
1st graded state councilor of justice
INFORMATION
on establishing and functioning of the Public Committee
to secure public participation in correction of prisoners and
implement public supervision over the Penitentiary
The Ministry of Justice established close relations with civil society organizations and paved conditions to arrange systematic impartial monitoring and meetings with prisoners in order to bring the activity of penitentiary service in compliance with advanced requirements, improve detention conditions of prisoners and effectively protect their rights.
With a view to strengthen collaboration with human rights organizations draft "Regulations on public participation in correction of prisoners and public supervision over the penitentiary" was developed absorbing proposals of those organizations. It was accepted by the Plenary Board of the Ministry of Justice and approved by the relevant Decree of the Minister of Justice. In order to establish Public Committee to secure public participation in correction of prisoners and implement public supervision over the Penitentiary, Selection Commission was set up subject to Regulations. The Commission is composed of members of Milli Madjlis (Parliament) professor Rabiyyat Aslanova, PhD and Mr.Azay Guliyev, Director of Human Rights Institute of the National Academy of Sciences Mr.Rovshan Mustafayev, PhD in political sciences, Chairman of the Department of Caucasian Moslems Sheyxulisiam Haji Allahshukur Pashazada, Chairman of Eurasian Lawyers Association Mr. Nadir Adilov, member of the Presidium of the Bar Association Mr.Shafayat Hasanov and representatives of the Supreme Court as well as justice and prosecution authorities. First session of the Commission, held with participation of the Minister of Justice, determined forthcoming tasks.
Special advertisements about arrangement of competition for recruitment of members of the Committee and call for applications to participate in its activity were delivered to wide public as well as posted at the mass media, web-site and publications of the Ministry of Justice. Those wishing to be involved in public participation in correction of prisoners and public supervision over the Penitentiary were invited to submit their programmes and proposals to the Selection Committee.
Programmes and proposals of 16 non-governmental organisations and human rights activists who applied to participate in the activity of the Public Committee were considered. Preference was given to those candidates possessing high moral and ethic character, practice and knowledge in human rights protection, non-member of any political party during selection process.
As a result of objective, fair and transparent discussions held during Selection Committee's session Kamil Salimov, chair of the Prison Watch Public Association, Elchin Behbudov, chair of the Azerbaijani Committee Against Tortures, Chingiz Ganizade, head of the Committee of Democracy and Human Rights, Saadat Bananyarly, head of the Azerbaijan National Group of the International Society for Human Rights, Saida Gojamanly, head of the Public Association of Human Rights and Law Protection, Elmira Alakbarova, executive director of the Center for Development Programs "EL", Alimammad Nuriyev, president of the "Constitution" Researches Fund, Sahib Mammadov, chair of the Citizens' Labor Rights Protection League, and Elmari Mamishov, deputy chair of the Azerbaijan Young Lawyers Association were selected to the membership the Public Committee.
The Committee having dealt with the organizational matters selected Kamil Salimov as its coordinator and taken measures related to its functioning and already started its activity.
Approved by the Order # 4-T of 25.04.2006
of the Minister of Justice of the Republic of Azerbaijan
"Officially registered"
Ministry of Justice
of the Republic of Azerbaijan
Registration # 3219 27.04.2006
Minister Fikrat MAMMADOV
REGULATIONS
On Public Participation in Correction of Prisoners and Public Supervision over the Penitentiary
I. General Provisions
The present Regulations are developed in accordance with the Code of the Republic of Azerbaijan on Execution of Punishments, Statute of the Ministry of Justice, while taking into account the European Penitentiary Rules and other international instruments in this field. The Regulations provide for legal basis of the public participation (NGO, religious organizations, human rights activists and public figures) in ensuring legally provided rights and freedoms of prisoners who are detained in the institutions for serving sentences and in specialized institutions (hereinafter -penitentiary facilities).
II. Principles and Purposes of the Public Participation in Correction of Prisoners and Public Supervision over the Penitentiary Facilities
2.1. The purpose of public participation in correction of prisoners and public supervision over the penitentiary facilities is to achieve goals of the imposed punishment and to provide assistance to the activity of these facilities.
2.2. Public participation in correction of prisoners and public supervision over the penitentiary facilities shall be based on the principles of legality, objectivity, transparency, impartiality, promotion of law abiding among prisoners and strengthening the correctional effect of the punishment.
2.3. It is prohibited to interfere with operation of the penitentiary facilities and violate rights of prisoners and prison staff during public participation in correction of prisoners and public supervision over the penitentiary facilities.
2.4. Public participation in correction of prisoners and public supervision over the penitentiary facilities is implemented by the Public Committee which is set up in accordance with Section III of the Regulations.
2.5. The Public Committee's functioning may be provisionally limited or suspended during the application of high detention conditions in the penitentiary facilities.
III. Setting up a Public Committee and Membership Requirements
3.1. In order to ensure participation of non-governmental organizations and general public in correction of prisoners and public supervision over the penitentiary facilities the Public Committee shall be generally consisted of representatives of NGOs and their associations, which deal with human rights, legal awareness, education, health care, as well as of members of religious organizations and their associations; prominent scholars, cultural and other public figures.
3.2. The Public Committee shall be selected by the Selection Commission, which members, being prominent representatives of relevant government and non governmental organizations, shall be approved by the Decision of the Plenary Board of the Ministry of Justice.
3.3. The Selection Commission shall be headed by the justice servant appointed by the Minister of Justice.
3.4. While in sessions the Selection Commission shall scrutinize documents submitted by organisations and select members from among candidates to act in the Public Committee for one-year term. The list of persons selected to be members in the Public Committee shall be submitted to the Minister of Justice for approval.
3.5. The Public Committee shall have up to eleven members.
3.6. The capable national of the Republic of Azerbaijan possessing high moral and ethic character, practice or knowledge in human rights protection, non-member of any political party may be a member of the Public Committee.
3.7. Persons who are at military service, whose incapacity or limited capacity has been judged by court, those having unslaked conviction or those previously condemned for committing grave and high grave crimes even having their conviction discharged, can not be members of the Public Committee.
3.8. The Selection Commission shall get acquainted with the final report on the activity of each member of the Public Committee at the end of their term and evaluate their activity. Members who violated principles set forth in the Regulations and those who failed to duly fulfill their obligations shall not be re-selected.
3.9. The organization which nominates a candidate to the membership of the Public Committee shall submit to the Selection Commission a motion (programme, project etc.) on measures towards correction of prisoners which are deemed important. The motion shall be supplied with the candidate's application, wide information on him, as well as the documents highlighting his labour activity and education background. Public figures may apply for the membership in the Public Committee with their own initiative or following that of the Selection Commission.
3.10. Once composition of the Public Committee is approved, a coordinator of the Committee shall be elected at its first session and subsequently approved by the Minister of Justice. Once it is done the Public Committee shall be considered as officially acting.
3.11. The Minister of Justice shall provide members of the Public Committee with the documents granting access to the penitentiary facilities as well as take other actions to coordinate Committee's activity and support its normal functioning.
IV. Forms of Participation in Correction of Prisoners
4.1. The forms of participation in correction of prisoners are as follows:
4.1.1. Assisting prisoners in acquiring general education and professional training;
4.1.2. Assisting prisoners in fruitful organization of their spare time and in engagement in useful public work;
4.1.3. Carrying out moral, legal, labour, physical and other educational arrangements;
4.1.4. Assisting in provision of prisoners with the rights to freedom of conscience and religion;
4.1.5. Rendering legal aid to prisoners;
4.1.6. Ensuring legal education of prisoners;
4.1.7. Carrying out meetings with family members and close relatives of prisoners;
4.1.8. Organizing meetings of prisoners with well-known statesmen, scientists, culture and art professionals and sportsmen;
4.1.9. Assisting in engagement of prisoners in amateur art activities;
4.1.10. Organizing concerts and other cultural arrangements for prisoners;
4.1.11. Carrying out individual correctional activities in respect of prisoners who deliberately breached the rules of service of sentence;
4.1.12. Assisting foreigners, stateless or refugee prisoners to apply to the embassies or consulates of their countries of origin, accommodated in the Republic of Azerbaijan, or to the national or international organizations which hold trusteeship for such persons;
4.1.13. Implementation of other projects which are not illegally funded and being in compliance with operation of the penitentiary facilities serve to the correction of prisoners;
4.1.14. Assistance to the improvement of living and medical-sanitary conditions of the prisoners;
4.1.15. Providing prisoners or their close relatives with moral, financial and other forms of assistance;
4.1.16. Providing assistance in preparing prisoners to the release from prison; once they are released assisting them in dealing with accommodation, recruitment, medical and social maintenance and social and psychological rehabilitation;
4.1.17. Providing assistance in strengthening financial-technical basis of the penitentiary facilities.
V. Forms of Public Supervision
5.1 The main forms of implementation of public supervision are as follows:
5.1.1. To get familiarized with the detention conditions in the penitentiary facilities, living and medical-sanitary maintenance, engagement of prisoners in labour, correction activities in respect of prisoners, their general education, professional education and training;
5.1.2. To participate in the mass events to be held in the penitentiary facilities and to meet with the staff and prisoners;
5.1.3. To meet with prisoners in the penitentiary facilities, receive complaints on violation of their rights and freedoms and forward them via the administration of the penitentiary facility to the relevant authorities;
5.1.4. To meet with prisoners tete-a-tete, if necessary, while giving the penitentiary officer to visually observe, but not hear the conversation;
5.1.5. To get familiarized with appropriate legal acts and if necessary with the sentences passed in respect of prisoners;
5.1.6. To communicate with the penitentiary institution director as far as ensuring rights and freedoms of those detained are concerned;
5.1.7. To submit advisory proposals to the Ministry of Justice in order to improve the legislation regulating operation of the penitentiary system as well as to eliminate revealed violations and shortcomings.
VI. Organisation of the Public Committee's Work
6.1. The Public Committee aiming at organizing its work shall:
6.1.1. Determine its rules of procedure in concordance with the Ministry of Justice;
6.1.2. Participate in correction of prisoners and public supervision subject to written communication (communication should include the term of participation, activities intended to be implemented and list of participants);
6.1.3. Coordinate its work towards correction of prisoners and public supervision with the administration of penitentiary institutions;
6.1.4. Pay visits to the penitentiary institutions (generally having two or more participants) subject to the Internal Discipline Regulations;
6.1.5. Prepare the report on prisoners' rights and freedoms following the visits to the penitentiary institutions and submit it to the Public Committee for consideration;
6.1.6. Invite representatives of the Ministry of Justice, relevant penitentiary institutions and mass media to the sittings of the Public Committee;
6.1.7. Inform the prison administration and submit the report to the Ministry of Justice upon the results of the visits to and monitoring of the penitentiary institutions;
6.1.8. Pass a decision on temporary restriction or cessation of the term of office of a Committee member;
6.1.9. Consider proposals and projects received from any non-government organizations and if necessary engage this organization in the correction process;
6.2. If the Public Committee reveals violations of prisoners' rights and freedoms while visiting penitentiary institutions, it shall take the following actions:
6.2.1. If prisoners' rights or freedoms are violated in a penitentiary institution due to actions or omission, the Committee communicates with the administration in order to ensure prisoners' rights and freedoms; if communication is left undecided or the Committee is not satisfied with the feedback, it communicates with the Ministry of Justice;
6.2.2. Formulates a proposal of a recommendation character to the Minister of Justice in order to bring the penitentiary officer to the disciplinary liability for the violation of prisoners' rights or freedoms;
6.2.3. Disseminates best practices at the penitentiary institutions;
6.3. Members of Public Committee have the following duties;
6.3.1. Whilst exercising their rights to obey the present Rules, legal acts regulating activities of the penitentiary institutions, security regulations and to fulfill lawful requirements of the penitentiary administration;
6.3.2. To provide mass media with objective information on the work done;
6.3.3. Be courteous with prisoners.
6.4. Activity of a Public Committee member may be temporarily suspended if his/her relative is detained at the penitentiary institution, or member him/herself is engaged in the criminal investigation as an accused, victim or witness. A member of the Public Committee must inform the Selection Commission about the information mentioned in the present paragraph.
6.5. The Ministry of Justice undertakes all measures concerning the issues specified in the final report of the Public Committee and informs Public Committee thereof no later than one month.
VII. Guaranteeing the functioning of the Public Committee
7.1. The Public Committee shall operate under the Minister of Justice of the Republic of Azerbaijan.
7.2. The financial maintenance of the Public Committee shall be provided by the organizations which nominated the Committee members.
7.3. The Ministry of Justice shall undertake necessary measures so as to enable Public Committee to carry out its duties as appropriate.
7.4. These Guidelines shall enter into force on the date of its public registration.