RECOMMENDATIONS

To the government of Azerbaijan:

Investigate all complaints of physical abuse and undertake criminal prosecution of staff of the procuracy, Ministry of Internal Affairs, and other security forces who are found to be responsible;

Make public the results of investigations into allegations of physical abuse by procuracy and security force personnel, and ensure that prosecution is prompt, impartial and that information on sentencing is made public;

Ensure that the serious nature of the crimes of torture and other physical abuse by police and other security officials is recognized by a provision in the criminal code criminalizing torture, and ensure that sentencing for those found guilty is in conformity with the seriousness of the crime;

Allow regular and routine access to international human rights and humanitarian organizations to all detention facilities in Azerbaijan;

Reform criminal procedure to provide detainees and defendants procedural guarantees prior to trial and during trial that correspond to international human rights law and standards; in particular, provide detainees with the right to prompt judicial review of pretrial detention;

Ban in law the mere presence of implements devised expressly for torture in all police stations, immediately dismiss any police officer who posses such implements, and set up regular and routine inspections to certify that none exist; and

Ensure that objective, independent forensic medical examinations are consistently and routinely available to detainees and defendants from the moment they are placed in police custody.

To the United Nations Committee against Torture:

Address the conditions described in this report in the context of its review of Azerbaijan's initial report and call on the government of Azerbaijan to adopt recommendations made in this report.

To the United Nations Special Rapporteur on Torture:

Conduct a fact-finding mission to Azerbaijan and issue a public report on the mission's findings that reflects recommendations made in the present report.

To the Organization for Security and Cooperation in Europe (OSCE):

In line with the 1990 Copenhagen Document, the OSCE Permanent Council and the Chairman-in-Office should reaffirm that the prevention of torture is a priority matter of the OSCE and publicly condemn the widespread practice of torture in Azerbaijan, the impunity enjoyed by the security forces, and the government's failure to adopt and fully implement the legal reforms necessary to guarantee detainees' and defendants' rights in accordance with international human rights law and standards.

To the Council of Europe:

The Parliamentary Assembly should issue a strong statement condemning the widespread gross violations of detainees' rights in Azerbaijan. The Special Rapporteurs on Azerbaijan should make no recommendation thatthe Parliamentary Assembly vote on Azerbaijan's membership until such time as the government investigates credible allegations of torture and adopts and fully implements the legal reforms necessary to recognize and safeguard detainees' and defendants' rights.

To the European Parliament:

Adopt a resolution condemning Azerbaijan for the widespread gross violations of detainees' human rights, the impunity enjoyed by the security forces, and the government's unwillingness to adopt and to fully implement the legal reforms necessary to guarantee detainees' and defendants' rights in accordance with international human rights law and standards; and

Condition future assistance, with the exception of that intended for humanitarian purposes and the development of democratic institutions, on prompt reform of the Azerbaijani criminal justice system and on clear and measurable efforts to reform the security forces to prevent torture. If such efforts are not taken, the European Union should suspend assistance that is not humanitarian in nature or is not intended for the strengthening of the rule of law.

To the U.S. government:

The president, through the Treasury Department, should issue instructions with regard to the World Bank that security forces of the government of Azerbaijan are engaging in a pattern of gross violations of internationally recognized human rights, including arbitrary detentions and torture with impunity, and that Section 701 of the International Financial Institutions Act requires the U.S. government to withhold World Bank support for governments engaged in gross violations of human rights. In accordance with these instructions, the U.S. Executive Director of the World Bank should condition support for World Bank projects on the Azerbaijani government's clear and measurable efforts to reform the security forces and establish safeguards to stop the practice of torture. If the government of Azerbaijan does not implement such measures, the U.S. Executive Director should withdraw support for such projects;

The president, through the State Department, should submit a determination that in accordance with Section 2 of the Export-Import Bank Act of 1945, that because the government of Azerbaijan is engaged in gross human rights violations, that it is not in the interest of the United States to approve Export-Import bank financing for Azerbaijan unless the government of Azerbaijan undertakes clear and measurable efforts to reform the security forces and establish safeguards to stop the practice of torture. If such measures are not implemented, the U.S. government should deny Export-Import Bank financing for Azerbaijan; and

The president, through the State Department, should submit a determination pursuant to section 116 of the Foreign Assistance Act, that the government of Azerbaijan is engaged in gross human rights violations that undermine rule of law and contribute to a climate of increased risk to international investment contrary to U.S. national interest, and accordingly, the U.S. should not approve OPIC financing for Azerbaijan unless the government of Azerbaijan undertakes clear and measurable efforts to reform the security forces. If such measures are not implemented, the U.S. government should deny OPIC financing for Azerbaijan.

To multilateral lending institutions active in Azerbaijan, including the World Bank, International Monetary Fund, and the EBRD:

Issue an unequivocal public statement that reform of the legal and judicial system to meet international standards provides the necessary framework to guarantee that human rights are protected, and that failure to establish this protection precludes sustainable long-term economic development. And as such, the government's failure to meet targets in the area of legal reform are grounds for discontinuing lending;

Make a clear commitment to institutional reform in Azerbaijan by making lending conditional on progress in legal and judicial reform that includes adoption of criminal procedures that provide detainees and defendants' rights in accord with international human rights law and standards, and discontinue lending should targets relating to judicial and legal reform be ignored; and

Expand the World Bank's capacity to conduct analysis of judicial systems and of criminal procedure to enable it to identify areas that are not in compliance with international human rights law and standards, and to assist in the formulation of lending targets in these areas.

To international concerns doing business in Azerbaijan:

The leading member of the Azerbaijan International Operating Company (AIOC) consortium has a stated policy to respect the rule of law, conduct its business with integrity, and show respect for human dignity and the rights of the individual. Given this policy commitment to the rule of law, the consortium and other corporations operating in Azerbaijan should:

Privately and publicly make clear that the Ministry of Internal Affairs and other security forces' flagrant and widespread disregard for the international human rights instruments to which the government is a party threatens the rule of law and raises concerns that the government may be insufficiently committed to other agreements and contracts to which it is a party;

Privately and publicly make clear that Azerbaijan's legal system is not in conformity with international human rights law and standards, and that this represents a serious threat to the rule of law without which there can be no secure investment climate;

Privately and publicly make clear that the Azerbaijani security forces' pattern of gross human rights violations is a concern for companies operating in Azerbaijan because it may jeopardize U.S. government approval for economic assistance and export guarantees from bilateral and multilateral financial institutions under Section 701 of the U.S. Financial Institutions Act, Section 116 of the Foreign Assistance Act, and Section 2 of the Export-Import Bank Act of 1945;

Privately and publicly urge consortium members' home governments and multilateral and bilateral financial institutions to step up calls on the government of Azerbaijan to ensure that it investigates and prosecutes credible allegations of torture, and adopts legal reforms to guarantee detainees' and defendants' rights in accordance with international law and standards; and

Incorporate information about human rights practices and the conformity of the legal and judicial system in Azerbaijan to international standards, and consult with independent national and international human rights organizations as part of ongoing country risk analysis.