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LAW OF THE AZERBAIJAN REPUBLIC

of May 22, 2012 No. 352-IVQ

About providing the rights and freedoms of persons containing in places of detention

(as amended on 04-05-2021)

This Law governs the relations in connection with providing the rights and freedoms of the persons detained or taken into custody according to the procedure, established by the Code of penal procedure of the Azerbaijan Republic, in places of detention.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. The concepts used in this Law have the following values:

1.0.1. the detainee - person detained on suspicion of crime execution, person detained for brining a charge, the person accused detained because of violation of conditions of the measure of restraint chosen concerning it, the convict detained for the purpose of the forced direction to the place of execution of sentence or other final judgment or replacement of the imposed penalty with other type of punishment and also for the solution of question of cancellation of conditional condemnation, parole from punishment or delay of serving sentence;

1.0.2. taken into custody - the person accused concerning whom the court elects measure of restraint in the form of detention;

1.0.3. the convict - person concerning whom the conviction pronounced by court took legal effect;

1.0.4. the prohibited objects - the objects prohibited to production, storage, carrying, transportation and use by persons detained or taken into custody in places of detention, and also objects which are forbidden to be transferred or sent the persons detained or taken into custody containing in places of detention, other persons by concealment from examination or any other method.

Article 2. Main objective of content in places of detention

Main objective of content of detainees or persons taken into custody in places of detention is ensuring accomplishment of tasks of criminal trial.

Article 3. Bases for detention or detention of person

3.1. Content of persons detained on suspicion of making of crimes, of the place of temporary content is performed based on the protocol of the detention constituted by the bodies performing criminal procedure, according to the procedure and the cases established by the Code of penal procedure of the Azerbaijan Republic.

3.2. Detention of person concerning which charge in criminal procedure shall be brought or the person accused who violated conditions of the measure of restraint chosen concerning it is carried out based on the relevant resolution of criminal prosecution authority according to the procedure and the cases established by the Code of penal procedure of the Azerbaijan Republic.

3.3. Detention of the convict or election concerning the imposed penalty charged measures of restraint in the form of detention for the purpose of the forced direction to the place of execution of sentence or other final judgment, or replacement with other type of punishment, and also for the solution of question of cancellation of conditional condemnation, parole from punishment or delay of serving sentence is carried out only based on the judgment according to the procedure and the cases established by the Code of penal procedure of the Azerbaijan Republic.

3.4. In the absence of the bases specified in articles 3.1-3.3 of this Law, content of person in places of detention is forbidden.

Article 4. Places of detention

4.1. Places of detention of detainees or persons taken into custody are:

4.1.1. places of temporary content;

4.1.2. garrison guardrooms of Armed forces of the Azerbaijan Republic and other paramilitary groups created according to the legislation of the Azerbaijan Republic (further guardrooms);

4.1.3. pre-trial detention centers.

4.2. Person detained on suspicion of crime execution on the vessel which is in swimming by the captain of the ocean ship or replacement his face according to the Code of penal procedure of the Azerbaijan Republic contains in places specially allotted for this purpose.

4.3. Activities of places of detention are financed by means of the government budget of the Azerbaijan Republic.

Article 5. Places of temporary content

5.1. Persons detained or taken into custody contain in places of temporary content in cases and during the terms established by the Code of penal procedure of the Azerbaijan Republic and this Law.

5.2. Person detained for the purpose of the forced direction to the place of execution of sentence or other final judgment, or replacement of the imposed penalty with other type of punishment and also for the solution of question of cancellation of conditional condemnation, parole from punishment or delay of serving sentence, can contain in the place of temporary content no more than 7 days, and in other cases no more than 48 hours from the moment of detention (if during this period the decision on election or prolongation of term of detention of measure of restraint in the form of detention is not made).

5.3. Person taken into custody according to the court order cannot contain in the place of temporary content over 24 hours, and before the expiration of this term it shall be transferred to the pre-trial detention center (the specified time does not include the term of transportation of person the pre-trial detention center the vehicle).

5.4. Creation, reorganization or liquidation of places of temporary content is performed by relevant organs of the executive authority according to the procedure, established by the legislation of the Azerbaijan Republic.

Article 6. Guardrooms

6.1. Guardrooms perform functions of places of temporary content for the military personnel.

6.2. Creation, reorganization or liquidation of guardrooms is performed by relevant organ of the executive authority according to the procedure, established by the legislation of the Azerbaijan Republic.

Article 7. Pre-trial detention centers

7.1. Persons taken into custody contain in pre-trial detention centers for the term provided by the Code of penal procedure of the Azerbaijan Republic.

7.2. If person taken into custody is condemned to custodial sanction for certain term or lifelong imprisonment, then its content in the pre-trial detention center can last no more than 10 days from the date of receipt of the pre-trial detention center of the copy of sentence by administration or specifying of court about its execution.

7.3. Creation, reorganization or liquidation of pre-trial detention centers is performed by relevant organ of the executive authority according to the procedure, established by the legislation of the Azerbaijan Republic.

7.4. According to article 69.1 of the Code of the Azerbaijan Republic about execution of punishments convicts from own consent can contain in the pre-trial detention center for works on economic and consumer services.

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