Information Pack for British Prisoners in Azerbaijan 2018 - Author Date British Embassy Azerbaijan 12 September 2018
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Information Pack for British Prisoners in Azerbaijan 2018 Author British Embassy Azerbaijan Date 12 September 2018
Contents
Introduction ........................................................................................................................... 4
Who can help? .................................................................................................................. 4
About the Embassy ........................................................................................................... 4
Who are the Consular Representatives? ........................................................................... 4
Who will know I have been detained?................................................................................ 5
What will my family be told? .............................................................................................. 5
What will the Embassy do?................................................................................................ 5
Would I have a criminal record in the UK?......................................................................... 5
VISITS .................................................................................................................................. 5
How do my family and friends arrange a visit?................................................................... 5
How many visits am I allowed?.......................................................................................... 6
Consular visits ................................................................................................................... 6
What can visitors bring? .................................................................................................... 7
Arrival at police station ...................................................................................................... 7
General prison conditions .................................................................................................. 7
How can I receive money? ................................................................................................ 7
Can I work or study in prison? ........................................................................................... 8
Can I receive medical and dental treatment?..................................................................... 8
Food and Diet.................................................................................................................... 9
Mail/Parcels....................................................................................................................... 9
Can I make telephone calls? ........................................................................................... 11
Leisure and entertainment ............................................................................................... 11
Drugs .............................................................................................................................. 11
How can I make a complaint about mistreatment? .......................................................... 12
The Azerbaijan Judicial System .......................................................................................... 14
Is the system the same as the UK? ................................................................................. 14
It is important for you to know that in Azerbaijan the legal system is based on civil law. The
judicial power is vested in independent courts of Azerbaijan: Constitutional Court,
Supreme Court and High Economic Court, general and specialized courts of the
Azerbaijan Republic http://www.loc.gov/law/guide/azerbaijan.html. The judicial power is
exercised via constitutional, civil, administrative and criminal legal proceedings and in
other forms specified by the Law. .................................................................................... 14
The Constitution of the Azerbaijan Republic is the basic foundation of the Legislative
system in the Republic. Azerbaijani courts do not rely extensively on case law and judicial
precedent. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the
courts are not usually counted as a source of law.[3] The sources of law in the Azerbaijani
legal system are .............................................................................................................. 14
The Constitutional Court of the Azerbaijan Republic (http://www.constitutional-court-
az.org/) consists of nine judges and is authorised to review the following: constitutionality
of the laws of the republic; presidential decrees; regulations of the central government
authorities; signatures on treaties; the settlement of disputes connected to the division of
power between the legislative and executive branches. In addition, the Constitutional
Court decides on issues affecting the banning of political parties or other organisations. 14
What should happen when I am arrested? ...................................................................... 14
For how long can I be remanded in custody? .................................................................. 15
What happens when I am charged? ................................................................................ 15
2What provision is there for bail?....................................................................................... 17
What kind of legal assistance is available........................................................................ 17
What happens at the trial?............................................................................................... 17
Sentences ....................................................................................................................... 17
How can appeals be made? ............................................................................................ 18
What provision is there for reduction of sentence (remission) e.g. for good behaviour?... 18
What provision is there for early release e.g. on parole? ................................................. 18
What provision is there for clemency or pardon? ............................................................. 19
What about any financial penalties? ................................................................................ 19
Is transfer to another prison within Azerbaijan possible? ................................................. 19
Is transfer to the UK a possibility? ................................................................................... 19
What are the procedures for release and deportation? .................................................... 20
ANNEX A ............................................................................................................................ 22
Annex E .............................................................................................................................. 26
Feedback Form for Customers ........................................................................................ 31
Feedback Form for Customers ........................................................................................ 38
3Introduction
Who can help?
The Foreign and Commonwealth Office (FCO):
The FCO is represented overseas by its Embassies and Consulates (High Commission in
Commonwealth Countries). Both employ consular officers, and one of their duties is to
provide help and advice to any British National who gets into difficulty in a foreign country.
About the Embassy
We are impartial; we are not here to judge you. We aim to make sure that you are treated
properly and fairly in accordance with local regulations, and that you are treated no less
favourably than other prisoners.
We can answer questions about your welfare and about prison regulations but you must ask
your lawyer or the court about legal matters. The attached list of lawyers is provided by the
British Embassy for your convenience, but neither Her Majesty’s Government, nor any
official of the Consulate, take any responsibility for the competence or probity of any
firm/advocate on the list or for the consequence of any legal action initiated or advice given.
We cannot get you out of prison, pay fines or stand bail or interfere with local judicial
procedures to get you out of prison nor secure you an earlier trial date; we cannot
investigate a crime.
We have tried to make sure that the information in this booklet is accurate and up to date,
but the British Embassy cannot accept legal responsibility for any errors or omissions in the
information. If in doubt contact a lawyer.
Who are the Consular Representatives?
Neale Jones James Holder Fidan Mammadova
Consular Regional Vice Consul Pro Consul
Operations Manager
Contact Information
British Embassy Baku
45 Khagani Street,
AZ1010, Baku, Azerbaijan
Tel: (994 12) 437 7878
Fax: (994 12) 437 7434
http://www.gov.uk/azerbaijan
Baku.Consular@fco.gov.uk
4FIRST STEPS
Who will know I have been detained?
When a British citizen is arrested and detained in Azerbaijan the Azeri authorities must
inform the British Embassy. This is usually done in writing and normally may take a week or
ten days to reach us. We may be informed much more quickly by friends or relations, or,
exceptionally, by the prison social worker.
What will my family be told?
For reasons of confidentiality we are not permitted to tell anyone that you have been
detained or what the charges are without your permission.
What will the Embassy do?
As soon as we have been notified we will apply for a visiting permit and you will be visited
within two working days of us receiving the permit. We aim to contact you 24 hours after we
learn of your arrest and visit you within 48 hours; after this we aim to visit you every quarter.
Please note that it can take seven to ten days for a permit to be given although in most
cases it is quicker.
During our routine visits you will have the opportunity to discuss any health issues, security
concerns, your treatment in prison and any other general issues that you wish to raise with
our consular staff. At each consular visit, our staff will complete a "Visit Report Form". If
there is any information that you would prefer not to disclose to a Next of Kin you should let
us know during the visit.
If appropriate, we will consider approaching the local authorities if you are not treated in line
with internationally-accepted standards.
Would I have a criminal record in the UK?
You should be aware that if you have been convicted for certain serious offences, such as
sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore
possible that information about this offence may appear if a Criminal Records Bureau
check were carried out by a prospective employer.
VISITS
How do my family and friends arrange a visit?
Pursuant to Articles 81 and 84 of the Sentence Execution Code you have the right for
meeting with your relatives, lawyers and other persons. We advise the family to contact us
well in advance so that we can inform the prison governor and work on the visiting
programme. Consular officers will accompany your family during their first visit to the prison;
the subsequent visits by your family will be unaccompanied.
5In order to receive visitors you should provide the prison with the names of the people
visiting you for them to be added to the Prison Visiting list. We will provide information on
visiting procedures and details of what visitors can bring should your family members decide
to come to Azerbaijan.
The meetings are two kinds:
short term (up to 4 hours)
long term (1 to 3 days)
Short-term meetings are allowed with relatives and other persons in the territory of the
sentence served place and in premises that are specially allotted for this purpose by
supervision of the administration’s representative.
Long term meetings are allowed only with next of kin that have the right to live together with
the prisoner, i.e. husband, wife, parents, grand-father, grand-mother, children, those who
adopted and being adopted, grand-children, sister, brother. As a rule long-term meetings are
allowed in separate rooms intended for each family at a place with common yard and in
buildings with communal-general conditions located in the territory of the sentence served
institution.
A manager of the sentence served institution creates the conditions for a visit the next of kin
of the prisoner whose life is under threat in connection with a critical disease. Such meetings
are not included in the meetings, which are determined by the Legislation. The kinds and
numbers of meetings depend on the type of the sentence served institution.
How many visits am I allowed?
In the majority of the prisons you are allowed to receive visitors everyday of the week. Some
temporary prisons only allow visits on certain days of the week. Please check with the prison
social workers when visits are allowed.
When family members come from the UK for visits consular staff usually try to arrange extra
visit days considering the distance families had to travel to see you. These extra days are
given by the prison governor and the decision is discretionary.
Consular visits
We will visit you every three months; during our routine visits you will have the opportunity to
discuss any health issues, security concerns, your treatment in prison and any other general
issues that you wish to raise with our Consular staff. At each Consular visit, our staff will
complete a "Visit Report Form". If there is any information that you would prefer not to
disclose to a Next of Kin you should let us know during the visit.
6What can visitors bring?
We have attached the list of general items prohibited to be taken to all prisons in Azerbaijan.
The families should contact the FCO in advance of their visit so we can provide them with an
updated list.
PRISON CONDITIONS/SERVICES
Arrival at police station
When someone is arrested they are taken to prison in the first instance. Any belongings that
are not part of the investigation, process, or evidence will be sent to the prison, if the prison
has enough space to keep them. It is unfortunately not unusual for some belongings to go
missing right after arrest or during prison transfers.
The British Embassy cannot store your personal belongings on your behalf. The only
property we can keep for you are your passport and driver’s licence. However, these are
usually retained at the courts until the end of your sentence. Please note that your passport
might be kept by the courts as evidence of the alleged crime or as a condition for your
bail/parole. This measure is taken by the courts to prevent you from skipping bail.
Medical checks will be carried out by the prison health department in order to assess if you
need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV).
General prison conditions
Pursuant to the Article 91 of the sentence Execution Code there should be created for you
material and communal conditions according to the sanitary and hygiene rules in the
sentence served institution. Overcrowding is a problem so you cannot expect a single cell as
a matter of course. Your living place should be quite illuminated, the temperature should be
kept by the seasons (not less than +18 degree in winter) in such buildings and should be
maintained with fresh air ventilation.
There should be a toilet for your natural needs and solved water supply issues at the
buildings (cell). You should be provided a berth and bedding. There are established
premises to meet your communal requirements at the sentence served institutions such as a
bath, laundry, hairdresser, drying chamber, repairing of footwear and clothes, as well as
special rooms for storage of your personal things and food-stuffs. You should be allowed to
wash in a bath once a week and to change your used bed fittings. You should be provided
clothes, underwear and footwear in terms of the climatic conditions and seasons.
How can I receive money?
There are two ways in which you can receive financial assistance while in prison.
Private Funds: Deposited to you by your family or friends.
7 Prisoners Abroad: If your family can’t support you financially Prisoners Abroad
may be able to send you a small grant every quarter for essentials.
Irrespective of the kind of the sentence served institution you have the right to receive any
amount of remittance. On your arrival to the sentence served place the administration should
open your personal account in accountancy thereof. All remittances and earnings in the
institution are transferred to your account.
Money received from the UK will be converted into local currency and held on your behalf by
our Embassy. Our Consular staff will then transfer your funds to you.
Money sent to you will be deposited in your prison account, where this facility is available, or
they will be given directly to you. Please note that our Consular staff cannot be responsible
for the loss of funds by the Prison Authorities.
Please note that the Embassy/Consulate does not provide financial support to British
Nationals in prison abroad. However, we can facilitate help with money issue by making the
sender to transfer the money through FCO from UK. We can pass that amount to you.
Please note that there is a limit on sending funding through the FCO, detainees are
currently allowed 150 Azerbaijani manats or approximately £120 per month in cash.
Can I work or study in prison?
It is difficult for the prison to supply work for all prisoners because there are not enough jobs
to go round.
There are employment oppurtunities available within the prison. If you work you will earn a
salary. You will need to apply for a vacancy and wait for your name to be called.
Study opportunities are also available, however do not affect the foreigners much because of
the language issue. Limited number of prisons offer language courses. Learning and
development opportunities may vary from prison to prison.
Can I receive medical and dental treatment?
Pursuant to Article 93 of the Sentence Execution Code preventive treatment hospitals are
established for the satisfaction of your medical and sanitary requirements, and sentence
served institutions of hospital status for the maintenance and treatment of prisoners with
infectious disease.
There are established medical and sanitary divisions at every sentence served institution
and ambulant therapy and institutional treatment are carried out therein. The prisoners who
need for qualified medical air are sent to the institutions intended for the sick prisoners, i.e.
hospitals. And the prisoners ill with tuberculosis are sent to the specialised institutions for
consumptives.
If you need medical or dental treatment you should make an appointment to see the prison
doctor or dentist. In some large prisons it can be difficult to get an early appointment but if
8the situation is urgent you should contact the prison social worker, who may be able to get
you an appointment more quickly than through the normal channels.
Prison doctors are often the equivalent of GPs in the UK, so unusual or complex problems
may be referred to a specialist outside the prison. You have the right to address payable
medical institutions to get medical consultation and treatment. Either you or your relatives
should cover the charges for such services or for medicine. In such cases the medical
consultation or treatment should be carried out under the supervision of the medical
personnel at the medical and sanitary division of the sentence served institution.
Food and Diet
The prison authorities have assured us that the food they provide is a balanced diet
supplying the necessary daily nutritional requirements. A special diet can only be provided
on medical (e.g. diabetes, high blood pressure) grounds. This does not apply to vegetarians.
You can supplement your diet by buying fruit and other items from the prison shop, when
available.
You should be provided with hot meals three times a day for normal functioning of your
organism. The feeding norms differ depending on the climatic condition of the sentence
served location, health of the prisoners, the character of their work to be done and are
determined by the Cabinet of Ministers of Azerbaijan Republic. The feeding is carried out in
dining rooms at the sentence served institutions and in cells for the persons being in cells.
Pursuant to the Legislation the improved housing-communal conditions are created for the ill
or for invalids of the 1st and 2nd groups and above normal feeding is established for them.
According to the medical conclusion these persons can be allowed to receive additional
foodstuff parcels and presents.
The feeding is carried out at the expense of the state for the prisoners exempted from the
works by illness or those not working by objective reasons, or invalids of the 1st and 2nd
groups.
Mail/Parcels
Article 83 of the Sentence Execution Code does not restrict your correspondence with your
relatives, friends or other persons. You can receive or send at your expense any number of
letters and telegrams. There is usually no limit to the number of letters you may send or
receive. The prison authorities are obliged to deliver letters with the minimum of delay.
Please be aware that the prison might read your letters before sending to the recipient. If you
are told you are not allowed to receive letters in English, you should notify a Consular Officer
and we will communicate with the Director of the prison.
The correspondence between prisoners who are not your relatives and being at the same
sentence served institution will be allowed only by the sanction of the administration thereof.
9The handling the letters received by you, as well as the sending them to the addresses, is
carried out by the administration within three days from the handling or sending date of the
letters. Telegrams received for you should be handled without delay.
Pursuant to the Sentence Execution Code you can send letters or telegrams only via the
administration. Then the letters are sent either via post office boxes hung on the populated
area at the sentence served institution or via the administration. The letters to be sent are
posted into the box openly or handled to the institution’s employees. Pursuant to the Article
83.2 of the Sentence Execution Code your letters must pass censorship i.e. are read by the
administration. The letters written by cryptic or conditional symbols or reflecting the activity of
the sentence served institution, or containing a state secret or unseemly expressions, are
not sent and they are destroyed according to a drawn up statement.
All letters sent to the Embassy are opened before they are given to prisoners to check for
prohibited items. Consular officers will not read the contents. Delays of up to 5 days are not
unusual.
You can receive parcels from your family. Your parcel-post, parcels, presents or remittance
to be received during a year depends on the kind of sentence served institution that you are
at. Please be aware that parcels should be sent directly to the prison; parcels sent to the
Embassy will not be forwarded to you. Parcels must have the name and details of the
sender, otherwise the parcel will be refused.
The weight of a parcel-post, parcel or presents cannot exceed the weight established by the
effective postal sending rules in Azerbaijan Republic. A weight unit for a parcel can be
applied to presents as well. Pursuant to the effective rules the weight of a parcel-post is
established at up to 10kg and 2 kg for a parcel. The weight of presents is also established at
up to 10kg.
Irrespective of the regime type there is no limitation to receive parcel-post, or parcel or
presents for criticonversationy diseased prisoners, or for pregnant women or those having
children in their sentence served institutions, or prisoners of the 1st or 2nd group of disability.
According to the medical conclusion, the medical preparation and other medical articles
cannot be included into the parcel-post, parcel or presents that are established by the
Sentence Execution Code.
You are allowed without any restrictions to receive literature, stationery by means of parcel-
post, parcels, or presents, as well as to subscribe to newspapers and magazines at the
expense of means of your personal account. The literature obtained and received by post
are not included into the list of parcel-post and parcels that are established by the
Legislation. You are allowed to keep books and magazines up to ten volumes.
Pursuant to the Sentence Execution Code it is forbidden for you to obtain, or to keep
publications propagandising the war, violence and brutality, or rousing national and religious
hatred, as well as publications of pornographic character or to subscribe and disseminate
them.
10Can I make telephone calls?
According to Azerbaijan law no prisoner can have access to mobile phones and you cannot
make phone calls. If you are caught trying to use a mobile phone inside the prison you will
be punished according to the prison’s regulations.
You have the right to 12 phone conversations (landline) in a year, which are 10 minutes
each (and 6 for lifelong prisoners.). The administration creates conditions in which you enjoy
these rights. The phone conversations are allowed in rooms equipped specially for such
purposes.
The manager of the sentence served institution may in exceptional cases grant you an
additional phone conversation on your request. In order encouragement, you can be granted
by additional phone conversations. The charges for long distance and international
telephone conversations are covered at your or your relatives’ expense. In case there are no
logistics in the sentence served institution pursuant to Article 84.1 of the Sentence Execution
Code one telephone conversation can be replaced by a short-term meeting.
The administration will supervise the short-term meetings and telephone conversations and
in case of infringement of established rules, the meeting or telephone conversation will be
suspended.
The procedures to grant meetings and telephone conversations are determined by the
Internal Discipline Rule of the sentence served institution.
Leisure and entertainment
Prisons often have a library with a wide range of books available for inmates. Inmates have
also an access to TV.
You have the right to believe or not any religion. You are allowed to perform religious rites,
as well as to use religious attributes and literature in the sentence served institution. The
administration of the sentence served institution has to allot a place for this purpose.
It is allowed for religious men to visit the sentence served institutions by consent of those
prisoners to perform religious rites. The performance of the religious rites is voluntary and
should not conflict with the Internal Discipline Rules of the sentence served institution, as
well as to infringe the rights of other prisoners.
Drugs
Cigarettes are allowed only in specified areas inside the Azerbaijani prisons.
If you are caught with any kind of illegal drugs (marijuana, cocaine, etc) you will be punished
accordingly. As a result you may lose your job or development oppurtunity and might be sent
to confinement for a period.
11How can I make a complaint about mistreatment?
If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for
you to do so. We will then do our best to visit you; to check on your welfare; discuss the
allegations; and inform you of any local complaints procedures and supportive organisations
that you may wish to consider. With your permission, and where appropriate, we may also
be able to raise your allegations of torture and/or mistreatment with the authorities.
Pursuant to Article 31 of the Constitution of Azerbaijan Republic any citizen has the right to a
safe life. This concerns you as well and you can enjoy your right of personal safety within the
framework of the Legislation. In case of a threat to your life or health, or an attempt on your
life, or in the event of perpetration, then pursuant to Article 12 of the Sentence Execution
Code you can address in a written or verbal matter the officers of your sentence served
institution to secure your safety.
Having received your application, or listened to your verbal address, the officer is obliged to
transfer you to a safe place. Then, the matter of the place of your further sentence served
will be considered within the framework of the Legislation. Pursuant to Article 13 of the
Sentence Execution Code, your liberties of conscience and religion are secured.
If you wish to file a complaint please write to the Embassy or let us know during the consular
visit so that we take your concerns forward.
You should know that pursuant to Articles 408-413 of the Criminal Procedural Code you
have the right to appeal to a Court with cassation complaint against the sentence passed on
you (its illegality or its severity etc.) You can enjoy this right either personally or via your
legal representative, as well as via your lawyer.
Your proposals, applications or complaints to be sent to bodies (or their officials) having the
right for supervision on the activity of the sentence served institutions are not read and are
sent to whom they it may concern within 24 hours. You should be informed about the results
of consideration of your proposals, applications, or complaints.
The administration of the sentence served institution should regularly receive you with
notification of the time beforehand in determined days and hours. However, in urgent cases
you could be immediately received by the head of the institution, and in his/her absence by a
person acting as the head of the institution.
You can address to the following bodies in relation with sentence execution, or violation of
your rights, as well as violation of your rights by the administration thereof:
1. Milli Mejlis (National Assembly) of the Azerbaijan Republic
1 Hussein Djavid Ave., Baku;
2. The President’s Office of the Azerbaijan Republic
19 Istiglaliyyat Street, Baku;
123. The Ministry of Justice of the Azerbaijan Republic
1 Inshaatchilar Ave, Baku
4. The Main Department for Execution of the Sentences of Court at the Ministry of Justice
114 Nizami Street, Baku
5. The Supreme Court of the Azerbaijan Republic
Zahid Khalilov Street, Block No. 540
6. General Prosecutor’s Office of the Azerbaijan Republic
7 N. Rafibeyli Street, Baku
7. Prosecutor’s Office of Baku
32 Uz. Hajibeyov Street, Baku
8. Human Rights Centre of Azerbaijan
165-3 B. Safaroglu Street, Baku
9. The Society for Protection of Women’s Rights named after Dilara Aliyeva
1 Aziz Aliyev Street, Baku
10. The Institute for Peace and Democracy
38-2 Shamsi Badalbeyli Street, Baku
11. Legal Education Society
23 Khagani Street, Baku
13The Azerbaijan Judicial System
The Embassy cannot interfere with the Azerbaijan Judicial system. We cannot ask for your
case to be judged quickly or ask the authorities to waive any penalties. Below you will find
more information about the Azerbaijan judicial system.
Is the system the same as the UK?
It is important for you to know that in Azerbaijan the legal system is based on civil law. The
judicial power is vested in independent courts of Azerbaijan: Constitutional Court, Supreme
Court and High Economic Court, general and specialized courts of the Azerbaijan Republic
http://www.loc.gov/law/guide/azerbaijan.html. The judicial power is exercised via
constitutional, civil, administrative and criminal legal proceedings and in other forms
specified by the Law.
The Constitution of the Azerbaijan Republic is the basic foundation of the Legislative system
in the Republic. Azerbaijani courts do not rely extensively on case law and judicial
precedent. Except for decisions of the Constitutional Court of Azerbaijan, decisions of the
courts are not usually counted as a source of law.[3] The sources of law in the Azerbaijani
legal system are
The Constitution of Azerbaijan.
Acts adopted via referendum.
Laws passed by the National Assembly of Azerbaijan, Azerbaijan's legislature.
Decrees.
Resolutions of the Cabinet of Ministers.
International treaties to which Azerbaijan is a party.
The Constitutional Court of the Azerbaijan Republic (http://www.constitutional-court-az.org/)
consists of nine judges and is authorised to review the following: constitutionality of the laws
of the republic; presidential decrees; regulations of the central government authorities;
signatures on treaties; the settlement of disputes connected to the division of power between
the legislative and executive branches. In addition, the Constitutional Court decides on
issues affecting the banning of political parties or other organisations.
The Supreme Court of the Azerbaijan Republic
(http://www.loc.gov/law/guide/azerbaijan.html) is the highest judicial body in civil, criminal,
administrative and other cases that are referred to it by the general courts. Moreover, it
exercises control over the activity of the general courts.
The Economic Court of the Republic of Azerbaijan is the highest legal body deciding
economic disputes.
What should happen when I am arrested?
You will be taken to a prison facility; it is possible that you will spend one night at an airport
holding cell or police station. In some cases you might be taken to a detention centre, which
has slightly inferior standards in comparison to other prisons.
14At the moment of your arrest you should be made aware of your rights; one of them is to
have a phone call to speak to a family member. You should inform the authorities if you wish
the British Embassy to be informed of your arrest.
The officer that arrested you might want to take a statement from you. This has to be done
with a translator or someone who can speak English.
If you can’t afford a private lawyer the Azerbaijan government will appoint a public defender
for you.
Your legal status is clarified in Articles 9-14 of the Second Chapter of the Sentences
Execution Code. You enjoy the rights and bear responsibilities for citizens of Azerbaijan
Republic with limitations, stipulated by the Constitution of Azerbaijan Republic and the Laws
of Azerbaijan Republic.
The legal status of foreigners and persons without citizenship serving sentence in Azerbaijan
Republic with limitations stipulated in the legislation of Azerbaijan Republic are determined
by the legislation that stipulated the rights and responsibilities of those persons during their
being in the territory of Azerbaijan Republic. Your basic rights and freedom are clarified in
the Sentences Execution Code.
For how long can I be remanded in custody?
It is likely that you will remain in custody until your trial. There is no set time for this.
Hearings usually take place 3 to 6 months from the date of arrest although in some cases
this may be longer. Normally the judge will hear the accused and the witnesses.
What happens when I am charged?
The courts will inform you, your lawyer/public defender and the prison authorities of your
sentence. If you don’t have a private lawyer you will be assisted by public defenders who will
put forward requests for benefits such as semi-open, parole etc, as soon as you are entitled
to them.
Your basic rights and freedom are as follows:
to serve the sentence in condition that secures the respect of a person;
to be engaged in socially useful labour;
to rest;
to get out-patient and stationary medical aid depending on the medical conclusion, including
the first medical aid;
to get information on your own rights and responsibilities, including the procedures and
conditions of the sentence execution pursuant to the decision of the court;
15to appeal, propose, or complain in your National Language or other foreign language on the
protection of your rights and freedom in an order determined in the Legislation of Azerbaijan
Republic and, in case of necessity, to use an interpreter on the mentioned matters that are
presented by the management of the sentence serving institution;
to take part in religious rites;
to get legal advice;
to be educated and receive a trade
to appeal in the court either personally or via a legal representative on delay of the sentence
served or on its cancellation; on discharge of the sentence served; on discharge of the
sentence served under state of health; on discharge of the sentence served in connection
with the execution term of the sentence; conditional discharge ahead of time of the sentence
served; on change of the remaining part of the sentence to a simpler type of the sentence;
on change of place of imprisonment to another one; on conclusion of treatment period into
an imprisonment period; on discharge of the sentence ahead of time; and to appeal to the
President of Azerbaijan Republic on amnesty either personally or via a legal representatives,
as well as in the event of teenagers or prisoners suffering from physical defects or psychic
diseases to appeal either via the defence counsels, or via their legal representatives thereto.
Prisoner having the status of ‘foreigner’ or those without citizenship or refugees have the
right to address on their personal matters within a short term to the diplomatic missions or
consular representations of their countries in Azerbaijan Republic, or to the national or
international organisations undertaking the trusteeship.
We need to bring to your notice that pursuant to the Resolution of the Constitution Court of
Azerbaijan Republic of October 29, 1999, your rights to receive a pension in full volume (on
old age or disablement etc.) and in cases stipulated in the Legislation, have been clarified in
the Sentence Execution Code as differentiated from the Corrective Labour Code.
The staff of your sentence served institution should be courteous to you. You must not be
subjected at all to cruel treatment or treatment abasing human dignity. The measures of
compulsion can be applies in regards to you pursuant to the Legislation.
You have responsibilities in the sentence served institution as well. Your basic
responsibilities are as follows pursuant to the Sentence Execution Code. You:
must attend to your responsibilities determined by the Legislation of Azerbaijan
Republic and observe the relevant behaviour norms accepted in the society;
must observe the requirements of the Sentence Execution Code and other
relevant legal standards;
must fulfil the legal commands of the staff of the sentence served institution;
have to be gentle in relation to the staff of the sentence served institution and the
visitors thereto, as well as in relation to other prisoners therein.
Where you will not attend to your responsibilities, as well as fulfil the legal commands of the
staff of the sentence served institution, you will be answerable in an order stipulated by the
Legislation.
16Having considered the importance of your right of personal safety, liberties of conscience
and religion, the legislation pays special attention to their observance.
What provision is there for bail?
Serious crimes don’t have provision for bail. There are bail provisions for other minor
offences such as offending a civil servant, damaging public assets and others. Your
lawyer/public defender will be best placed to advice on this matter. Bail might be decided by
the police officer in charge of the case and the person will be held until the bail is paid.
What kind of legal assistance is available
You can hire a lawyer for yourself at any time after your arrest; a list of English-speaking
lawyers will be given to you by a Consular officer. Normally, if you hire a private lawyer they
will ask for a cash advance for their estimated legal fees before they will take your case on.
The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.
Pursuant to Article 61 of the Constitution of Azerbaijan Republic any citizen has the right for
legal advice. This right is regarded to you as well.
You rights for legal advice are reflected in Articles 10.2.9 and 81.7-81.9 of the Sentences
Execution Code. According to your application or the application of your next of kin or the
application of your legal representatives, you can meet with a lawyer for legal advice or
another person having rights to render such assistance.
The number and terms of your meetings with the lawyer are not limited. The meetings can
be held face-to-face at your or your lawyer’s request. The meetings with the lawyers are not
included into those established by the Legislation. Such meetings are allowed to the prisoner
within the framework of the rules of the sentence served institution at any time, except for
the resting and working hours.
What happens at the trial?
On your trial day you will be taken to the court office where your case is being handled.
There will be a judge in charge of your case along with the public prosecutor and your lawyer
or public defender. If you don’t speak Azeri either the court hires an interpreter to assist you
or you hire the interpreter youself during the trial.
Sentences
Sentences vary greatly in Azerbaijan and will depend on the seriousness of the crime. Your
lawyer/public defender will be best placed to advise on length of sentences and on appeals’
processes.
Execution procedures and conditions of imprisonment for a certain term and imprisonment
for life are regulated by the Sentences Execution Code and other legislative standards of
Azerbaijan Republic. The main goal of the Sentence Execution Code is to secure such
17sentence execution that would facilitate your correction, and to prevent both you and other
people from committing new crimes.
The Sentence Execution Code was adopted by Milli Mejlis (National Assembly) of Azerbaijan
Republic on July 14, 2000, and entered into effect on September 1, 2000. The legislative
standards used to regulate the sentence execution, as well as the Corrective Labour Code of
July 1, 1971, becomes null in connection with the entering into effect of the Sentence
Execution Code.
The aim of the Sentence Execution Code is to regulate the procedures and conditions of
execution and sentences served, identification of corrective means of the prisoner,
protection of rights and freedom of the prisoner, as well as their legal interests.
The Sentence Execution Code is identified general clauses and principles of the sentences
execution, which are stipulated by the Criminal Code of Azerbaijan Republic and other
arrangements of criminal and legal character. There are the application of corrective means
for prisoners, the procedures and conditions of execution and the serving of the sentence,
and the legal status of the prisoner, the activity regulations of the institutions and bodies
executing the sentences, of the participation of state bodies, institutions, directorates,
organizations, public associations and citizens in corrective arrangements for the prisoner.
They are the rules that aid a prisoner being discharged and those who have already been
discharged.
The instruments of execution procedures and conditions of imprisonment for a certain term
and imprisonment for life are determined by the Internal Disciplinary Rules adopted by the
Ministry of Justice pursuant to their nature.
How can appeals be made?
You have the right to appeal against your sentence in the Higher Courts through your lawyer
or public defenders. It is usual for the public defenders to appeal against your first sentence
anyway. However, the appeal process is usually very slow and can sometimes lead to the
appellant's release being delayed until the appeal is decided. In such cases a lawyer's
opinion of the case is strongly recommended before proceeding.
What provision is there for reduction of sentence (remission) e.g. for good behaviour?
Please seek legal advice from your lawyer.
What provision is there for early release e.g. on parole?
Please seek legal advice from your lawyer.
The following are known as “benefits”;
Replacing the unserved sentence with the lighter charge
Parole
Changing the Prison to the Prison with a better condition
President’s Pardon
18The requirements to apply for any of the above benefits are defined by law and you can find
out more information from your lawyer or the prison staff.
You should be aware that when you are outside prison on open regime or parole, the
Prisoners Abroad funds will cease and the embassy cannot support you financially. On top
of that you should bear in mind that you cannot leave Azerbaijan while your sentence is not
finished.
All benefits are not granted automatically; it is your right to apply for all of them as long as
you have served the necessary time in the closed prison; it is the judge’s choice to give you
this benefit or not. Benefits’ requests in their vast majority are dealt by Judges.
What provision is there for clemency or pardon?
In Azerbaijan, pardon/clemency can only be given by the President. A pardon/clemency
means that although the prison sentence will end the person will still have a criminal record.
Please seek legal advice from your lawyer on how to apply.
What about any financial penalties?
Normally the Azerbaijanian authorities waive any financial penalties attached to prison
sentences imposed on foreigners. Please seek legal advice from your lawyer on this matter.
Is transfer to another prison within Azerbaijan possible?
Transfers are only permitted when there are exceptional and compassionate reasons for
doing so.
Is transfer to the UK a possibility?
Both sentencing and receiving countries need to agree to transfer. Key condition being any
applicant who is in the process of an appeal or has an unpaid fine, is unlikely to qualify for
transfer. You can apply for transfer to the prison authorities either in person or via your
lawyer. You need to discuss the details with your lawyer as the Consular staff are not legally
trained.
Please note that the FCO does not get involved in the decision making or transfer process,
that is carried out by the Ministry of Justice, National Offenders Management Service
(NOMS) and the local authorities in country.
A prisoner does not have an automatic right to transfer. Each request is considered on its
individual merits. The UK and the country in which the British prisoner is held have the right
to refuse a request.
The basic criteria for eligibility to apply for transfer are:
o Criminal proceedings in the foreign country must be complete. The prisoner
cannot be transferred if they are awaiting trial or the outcome of an appeal;
19o The prisoner must normally have at least 6 months of the sentence left to serve
at time of application, but Agreements with some countries require the prisoner to
have 1 year of the sentence left to serve;
o The offence for which the prisoner was convicted must constitute a criminal
offence in the UK;
o The prisoner must have no outstanding fines (prisoners can start the application
process while the fine is outstanding but the fine must be paid before the transfer
can take place) or other non-custodial penalties;
o Other conditions may apply, depending on the specific transfer arrangements
with each country.
What are the procedures for release and deportation?
Please seek legal advice from your lawyer.
20Prisoners Abroad
Since 1978 the charity Prisoners Abroad has offered practical support and advice to British
citizens imprisoned overseas. It is the only UK charity providing this service and it is
available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is
concerned with your health and welfare, both during your imprisonment and also on your
return to the UK, through their resettlement service (if you have registered whilst in prison).
They can also provide support and advice to your family during your imprisonment. In order
to access any services, prisoners must first register with Prisoners Abroad by signing and
returning their authorisation form.
Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be
your point of contact for advice and information. The type of assistance they can offer will
vary from country to country, but generally they can provide you with information, in English,
on:
your rights as a prisoner and issues that may affect you such as health or transfer to
the UK
obtaining magazines, newspapers, books and the regular Prisoners Abroad
newsletter
writing to a pen pal
learning the language of your country of imprisonment
translation of documents
grants for food if you are in a developing country and don’t have funds from other
sources
grants for essential medicines and toiletries if you don’t have funds from other
sources
preparing for release
help for your loved ones, including information, family support groups and assistance
with the cost of visiting
Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK
Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone 0808 172
0098
(Mondays to Fridays 9.30 am to 4.30 pm, UK time)
Email: info@prisonersabroad.org.uk
Website: www.prisonersabroad.org.uk
21ANNEX A
Options to transfer funds to British Nationals Overseas via the Foreign and Commonwealth
Office
Please note: we can only advance funds to the person overseas, once your payment has
cleared in our account.
1) ELECTRONIC BANK TRANSFERS: Contact your bank to arrange.
A “BACS” transfer usually takes 3-5 working days to clear in our account. Some
banks do not charge for this service. If you have internet or telephone banking you
may be able to arrange without visiting your bank.
A “CHAPS” transfer is usually received in our account within 12-24 hours. You will
normally need to visit your bank to arrange and banks normally charge for this
service.
For both the above bank transfers you will need to include the following details:
Account Name FCO Multi Vote
Account Number 10012362
Sort Code 60-70-80
Bank Name National Westminster Bank
Bank Address London Corporate Service Centre, CPB
Services, 2nd Floor, 280 Bishopsgate,
London, EC2M 4RB
IBAN GB56NWBK60708010012362
SWIFT/BIC NWBKGB2L
2) BY POST
Payments by Postal Order, Bankers Draft or Building Society cheque should be
crossed and make payable to “The Foreign and Commonwealth Office”. They should
be sent to:
Accounts Receivable
Foreign and Commonwealth Office
Corporate Service Centre
PO Box 6108
Milton Keynes
MK10 1PX
We recommend that you use Recorded or Special Delivery.
Please ensure that you include a note briefly explaining who the money is for and
why. (Alternatively you may use the payment slip on next page.)
If you would like a receipt, please include a stamped addressed envelope.
3) Please note that personal cheques can take up to 15 working days to process and
clear before we can advance funds. We do not accept Card payments, or cash sent
in the post. If you wish to pay by cash, you can take the money to our offices at
Northgate House, Milton Keynes but will need to telephone first to make an
appointment.
22To: Foreign and Commonwealth Office
Date:
Please find enclosed funds for:
Full Name:
Country/place the above is in:
Amount enclosed:
Fee to be deducted:
Payment method:
My name is:
My address is:
23ANNEX B
The list of food products and goods prohibited to sell or pass on to prisoners:
1. Valuable items including pocket and wrist watches made of precious metals,
valuable notes
2. Optic equipment
3. All kinds of alcohol drinks, all kind of perfume and other substances based on
alcohol
4. Medicines, drugs, psychothropic substances
5. Hardware tools
6. Playing cards
7. Photo cameras, photo materials and chemical substances
8. Topographic maps and compass
9. Military and other uniforms including accessories
10. Radio transmitting and receiving devices of all kind including pager, mobile
phones, computer, typewriter, xerox machine
11. Cutting and perforating tools
12. Paint and carbon copy
13. All kind of electric and mechanical appliances excluding a shaver and water
boiler
14. Civil clothes excluding the type of clothes allowed in prison
15. Publications propagating wars, violence and cruelty, instigation between nations
and religions, pornographic literature
ANNEX C
The list of goods and items prohibited in prison and therefore can not be stored by
prisoners
1. Fire and cold weapons of all types, fighting supplies
2. Motion devices
3. Money, valuable items, including pocket and wrist watches made of precious metal,
valuable notes
4. Optic equipment
5. All kind of alcohol drinks including perfume and other substances, based on alcohol
6. Medical drugs and equipment
7. Narcotic drugs and psychothrophic substances
8 Radio transmitting and receiving devices of all kind including pager, mobile phones,
computer, typewriter, xerox machines
9 Hardware tools
10 Cutting and perforating tools
11 Playing cards
12 Photo cameras, photo materials and chemical substances
13 All types of documentation excluding copies of court decisions and deposit receipts for
valuables and money
14 Publications propagating wars, violence and cruelty, instigation between nations and
religions, including the pornography
15 Topographic maps and compass
16. Military and other uniforms including the accessories
2417. Civil clothes excluding the type of clothes allowed in prison
18. Paint and carbon copy
19. Glass jar and canned food
20. All kind of electric and mechanical appliances excluding a shaver and boiler
ANNEX D
The list of food and essential goods allowed to be kept by prisoners
Food:
1. Bread and other bakeries
2. Salty fish (not required to be cooked)
3. Butter, fat
4. Cheese
5. Dry sugar
6. Tea leafs
7. Fruit, vegetables including dried fruit
8. Milk and other dairy products
9. Canned food
10. Tobacco, matches, lighter
Goods:
1. Clothes, hats, shoes and bed linen assigned for convicts according to special regulations
2. Two sets of underwear and warm clothing
3. Socks, gloves – 2 pairs only, scarf, handkerchief, belt, sewing kit
4. Sleepers and sport shoes – a pair of each
5. Track suit (one)
6. Mirror, mechanical or electrical razor
7. Mug, spoon
8. Toiletries: facial, hand and washing soap, tooth brush and tooth paste, comb
9. Crutches with doctor’s prescription
10. Stationery for those who study
11. Literature – limited to 10 books per convict
12. Plain paper, notebooks, different pens and ink, pen refills, stamps
13. Domino, chess, drafts (one set each)
14. Letters, photos (albums)
15. Shoes and clothes brushes, shoe cream
Notes:
Women convicts can also keep headscarfs, bras, stockings, belt, hair clips, vaseline, cotton,
shampoo, lipstick, compact powder, tampax and facial/body creams.
Any other electrical appliances except shaver are prohibited in prison. The total weight of
prisoner’s possessions should not exceed 50 kg, including deposited goods
25Annex E
List of lawyers in Azerbaijan
Prepared by British Embassy Baku
www.gov.uk
The following list of lawyers has been prepared by the British Embassy Baku for the
convenience of British Nationals who may require legal advice and assistance in
Azerbaijan. It is provided on the understanding that we (the British Embassy) do not
assume or undertake any legal responsibility, to you, or those affected, if you choose
to take it into account when instructing a local lawyer.
Further and alternatively, we cannot accept any liability to any person or company for
any financial loss or damage arising from the use of this information or from any
failure to give information.
Our aim is to provide our customers with as much relevant information to enable
them to make better informed decisions but our lists are not recommendations and
should not be treated as such.
List of lawyers in Baku, Azerbaijan
Updated: 12 February 2018
This list is in alphabetical order (following Honorary Legal Advisor’s details).
Baku Consulting Group firm
Dadash R. Alishov, Esq.
Honorary Legal Adviser to the British Ambassador
Baku Consulting Group
56A, Bul-Bul Avenue, 4th Floor, AZ1014, Baku, Azerbaijan
Tel/Fax: (+99412) 497 89 65/66, Cell phone: (+99455) 450 25 55
info@bacg.az // alishov_dadash@bacg.az
URL: www.bacg.az
Honorary Legal Adviser has informed us on the followings:
They have English speaking staff.
They are not affiliated to any local authority/body.
Specialisations are in Civil and criminal law, including corporate and commercial law, foreign
investment, tax, migration, construction permit and licensing. Had extensive experience
representing British nationals and companies in the country.
They have experience of representing British nationals.
Take instructions by mail, phone and face-to-face
If needed they provide information about the service fees in written form.
Staff speak English, Azeri, Russian and Italian.
They cover all regions of Azerbaijan.
They don’t have international offices in any other countries.
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