Severe sanitary and hygienic problems in penitentiary institutions, where more than 63 million manats of budget funds have been allocated only for health services in the last 5 years

Analysis

Concerns expressed on social media about the conditions of detention in Azerbaijan's pre-trial detention centers and prisons have sparked public debate in recent days. Information published by detainees and prisoners demonstrates that the sanitary conditions in places of detention are incompatible with human dignity.

“Tribunat” has analyzed these complaints in the context of domestic regulations and international law.

Journalist Ali Zeynal, a detainee in “Toplum TV” case, writes in an open letter to the Minister of Justice regarding the conditions in the Baku Pre-Trial Detention Center: “About 3-4 weeks ago, your deputy or a commission from the ministry “had paid a visit”... If cell 19, opposite to cell 12, had also been “visited”, at least for a couple of minutes, I would have gladly shown our personal belongings, clothes, food and drinks contaminated by sewage water. I would have even shown cockroaches one by one, if not disgusting. However, excuse me, no matter how much they insist, I would not want to talk about mice coming out from under the floor and through the sewage pipes. I would not be happy if those who came to “inspect”, even if a lie, were terrified”.

Afiaddin Mammadov, the chairman of the “Workers' Desk” Confederation of Trade Unions, who is serving a prison sentence, also mentions a similar situation. Per him, mice roam freely in the kitchen of Penitentiary Institution No. 2, gnawing at food boxes and eating. Mammadov notes that mice also wander in sleeping areas, and that there are only 4 sanitary facilities in the building housing more than 250 prisoners. It is also reported that following publication, he was threatened with transferral to a more severe regime institution.

Ulvi Hasanli, director of “Abzas Media”, likewise described the situation in the quarantine zone at the Baku Pre-Trial Detention Center: “Prisoners here do not sleep at night so that insects do not get into their mouths and ears”.

Another imprisoned journalist, Polad Aslanov, said that in addition to a number of complaints, 100 AZNs were collected from each prisoner for a newly built bathhouse in Penitentiary Institution No. 15, where he is currently being detained.

These facts establish that the conditions of detention of detainees and prisoners do not meet minimum hygienic and sanitary requirements. However, both domestic and international documents define specific obligations of the state in this area. Article 46 of the Constitution and Article 3 of the European Convention on Human Rights guarantee the protection of the dignity of every person, prohibiting degrading treatment and punishment. The fact that the detainees and prisoners are held in unsanitary conditions constitutes degrading treatment is specifically emphasized in the case law of the European Court of Human Rights (ECHR). The Court noted in Canali v. France that failure to comply with hygiene rules creates a feeling of hopelessness and humiliation in the prisoner and can be assessed as degrading treatment (§53). In Ali Insanov v. Azerbaijan, the European Court found that poor ventilation of cells and the lack of separation of toilet areas from common areas were inconvenient from a hygienic point of view and were a violation of Article 3 (§116).

The Law “On Ensuring the Rights and Freedoms of Persons in Places of Detention” states that detainee or arrested are provided with necessary material and living conditions in places of detention in accordance with the requirements of sanitary and hygienic rules (Article 22.1). Medical examination, treatment and prevention, sanitary and hygienic measures and anti-epidemic measures are carried out in places of detention in accordance with the legislation (Article 22.4).

Additionally, according to the Internal Disciplinary Rules of Pre-trial Detention Centers, detainees are provided with necessary material and living conditions in the pre-trial detention center in accordance with the requirements of sanitary and hygienic rules. They may not be held in conditions degrading human dignity (24.1).

According to Article 10.2.1 of the Code of Execution of Sentences of Azerbaijan in force, prisoners must serve their sentences “in conditions that ensure respect for human dignity.” In accordance with the European Prison Rules, the entire territory of a penitentiary institution must be kept clean and tidy at all times (Article 19.1), and upon admission to a penitentiary institution, the cells and other rooms in which prisoners are placed must be clean (Article 19.2).

Complaints from detainees and prisoners reveal that pre-trial detention centers and penitentiaries in Azerbaijan do not meet the requirements of the cited domestic and international norms.

The current situation also indicates that the Penitentiary Service is not fulfilling its legally defined functions. According to the “Regulations on the Penitentiary Service of the Ministry of Justice of the Republic of Azerbaijan”, the duties of this institution include taking measures to ensure that detainees comply with sanitary and hygienic requirements (clause 3.1.14) and providing them with medical and sanitary support (clause 3.1.15). According to clause 5.3 of the Regulations, the Deputy Minister of Justice - Head of the Penitentiary Service is personally responsible for the fulfillment of these duties.

Per Internal Disciplinary Rules of Penitentiary Institutions, disinfection, disinsection and deratization of residential buildings, canteens, kitchens, warehouses and other rooms must be carried out regularly (paragraph 358).

The ECHR's “Guide to Prisoners' Rights” provides that these measures include providing appropriate disinfectants and conditions to combat rats, lice, ticks, woodlice and other pests.

Nonetheless, the current situation in Azerbaijan exhibits non-compliance of these standards.

It should be additionally indicated that for 2024, 14,949,049 AZNs have been allocated from the state budget for health programs and other services of the Penitentiary Service, 12,747,459 AZNs for 2023, 12,456,273 AZNs for 2022, 12,115,519 AZNs for 2021, and 10,960,782 AZNs for 2020 (paragraph 1.5.4.5). 63,229,082 AZNs for the last 5 years. Moreover, since May 2023, the Penitentiary Service has announced 11 tenders for construction supplies, medical purposes and the purchase of soft inventory and beds, 8 of which have been completed. The prices of these tenders, which were publicly announced, were approximately 140,000 and 150,000 AZNs each.

Despite significant funding, sanitary and hygienic conditions in the detention facilities are far from standards.

As the ECtHR emphasized in Mamedova v. Russia (§63), the State is obliged to organize its penitentiary system on the basis of the principle of respect for human dignity, despite financial difficulties. Nonetheless, there are no difficulties in Azerbaijan in allocating budgetary funds to the penitentiary sector.

The Ombudsman's annual report for 2024 also shows that a total of 126 visits were made to places of detention of the Penitentiary Service, but despite these visits, unsanitary conditions, overcrowding, and violations of prisoners' rights continue in penitentiary institutions.

In July 2024, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) issued a public statement regarding the extremely serious violations by the Government of Azerbaijan of its obligation to cooperate under Article 3 of the Convention, and stressed the importance of implementing its long-standing recommendations regarding the treatment of persons in the custody of law enforcement agencies in Azerbaijan.

“Tribunat” concludes that, the repeated complaints of detainees and prisoners about the conditions in places of detention place the responsibility of the Penitentiary Service, the Ministry of Justice and the supervisory bodies - in particular the Ombudsman institution - to take measures to protect the prisoners’ rights. All these facts show that the current conditions of detention in penitentiary institutions are contrary to both domestic legislation and Azerbaijan's obligations under international law.