Excerpts: “... Questions and comments from Committee members Mr. TODD BUCHWALD, the Committee's co-rapporteur for the examination of Azerbaijan's report , referred to allegations received by the Committee concerning the existence, in Azerbaijan, of a climate that tolerates torture and ill-treatment. Thus, in the opinion of certain non-governmental organizations (NGOs), while the Government was indeed committed to investigating the allegations, torture and ill-treatment remained widespread and the authorities regularly dismissed complaints, thus ensuring impunity for those responsible, the expert pointed out. Other concerns reached the Committee regarding the treatment of journalists and human rights defenders, including allegations that the authorities fail to investigate and prosecute abuses committed against them, added Mr. Buchwald. He reported, for example, the ill-treatment of journalist Tofig Yagublu, and the torture and threats against human rights defender Bakhtiyar Hajiyev. The Human Rights Committee expressed concern at what it called “constant reports of torture, including of journalists, human rights defenders” and others, Mr. Buchwald further noted. The expert then raised concerns about the use of excessive force against demonstrators. He asked what was being done by the Azerbaijani Government to prevent arbitrary arrests and ill-treatment of demonstrators, and to ensure prompt, impartial and thorough investigations into allegations. With regard to the conflict with Armenia, Mr. Buchwald reported numerous allegations of ill-treatment of Armenian prisoners of war, including the public beheading of some prisoners. The Expert asked what the Azerbaijani Government had done to investigate these cases, to prosecute those responsible and to tackle the general climate of ethnic intolerance which can serve as a breeding ground for this type of violence. He also wanted to know whether ill-treated prisoners of war or detainees could seek redress from the Azerbaijani government. Mr. Buchwald also noted that while the Code of Criminal Procedure seems to state that evidence obtained under torture is inadmissible, article 125.8 of the Code states that the burden of proof [in this matter] lies de facto with the victim. The Committee is informed that torture is routinely used to force people to sign “police files” which amount to confessions, the expert said. He wanted to know whether the Government intended to ensure that all interrogations were recorded electronically. Mr. Buchwald then recalled that, in its previous concluding observations on Azerbaijan, the Committee had expressed deep concern at [the country's] inability, in practice, to grant all persons fundamental legal safeguards from the outset of their deprivation of liberty. The expert therefore wanted to know to what extent litigants [now] have access to a lawyer in good time. Mr. Buchwald also reported shortcomings in the access of persons deprived of their liberty to an independent medical examination. The expert further indicated that the Committee was also informed that detainees are unable, in practice, to inform family members or other persons of their choice from the outset of their deprivation of liberty. Mr. Buchwald was also concerned that some people were being held incommunicado in Azerbaijan. Mr. Buchwald also relayed the concerns expressed by the Global Alliance of National Human Rights Institutions (GANHRI) about the ineffectiveness of the Ombudsman institution in combating torture and ill-treatment. He also reported on restrictions imposed on independent NGOs which prevented them from operating effectively. Mr. Buchwald then insisted on knowing the number of NGOs registered in the country since the last report. ... “