''Section XI. Crimes against state power Chapter 32. Crimes against justice Article 293. Torture, cruel, inhuman or degrading treatment or punishment not considered torture''
293.1. Cruel, inhuman or degrading treatment or punishment against a person
committed by an official of state body in connection with performing its official
duties, or other person so acting, or with its instigation or consent, or other
persons under his awareness, in case of no evidences of tortures stipulated for by
the article 293.2 of present Code in such act -
punishable by a fine at the rate of four thousand to six thousand manats,
or imprisonment for a period of up to two years with deprivation of the
right to occupy certain positions or engage in certain activities for a
period of up to two years.
293.2. Torture committed by an official of state body in connection with
performing its official duties, or a person so acting, or with its instigation or
consent, or other persons under his awareness -
punishable by imprisonment for a period of three to eight years with
deprivation of the right to occupy certain positions or engage in certain
activities for a period of up to three years.
293.3. The same acts committed with the infliction of serious or less serious harm
-punishable by imprisonment for a period of six to eleven years.
Note: “Tortures” in this article, and in the other articles of the Code means the
infliction of acute physical pain or mental sufferings in order to obtain
information or confession from the person himself or another person, or
intimidations in respect of him or other persons, punishment for an act committed
by him or any other person or of which he or another person is suspected, forcing
to commit an act against will or for any reason, based on discrimination.
General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 10. Legislation
10.2. No one may be incriminated or charged with a view to prosecution as a suspect or accused person, detained, arrested, searched, taken by force or subjected to other coercive procedural measures, nor convicted, punished or subjected to other limitations of rights and liberties other than on the basis of the rules and principles established by the laws of the Azerbaijan Republic which are in force and published.
General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 13. Respect for the honour and dignity of the person
13.1. It shall be prohibited to take decisions or allow acts during the criminal prosecution which debase the honour and dignity of the person or may threaten the life and health of the participants in the proceedings.
13.2. During a criminal prosecution nobody shall :
13.2.1. be subjected to treatment or punishment that debases human dignity ;
13.2.2. be held in conditions that debase human dignity ;
13.2.3. be forced to participate in carrying out procedures that debase human dignity.
General Part
FIRST SECTION
Main Provisions
Chapter II
Purposes and basic principles of criminal proceedings
Article 15. Guarantee of the right to inviolability of the person
15.1. Search and personal examination and other procedures which breach the right to inviolability of the person may not be carried out against the will of the person concerned or his legal representative without a court decision except in cases of detention and arrest.
15.2. During the criminal prosecution the following shall be prohibited :
15.2.1. the use of torture and physical and psychological force, including the use of medication, withdrawal of food, hypnosis, deprivation of medical aid and the use of other cruel, inhuman or degrading treatment and punishment ;
15.2.2. the imposition of long-term or severe physical pain or acts which are detrimental to health, or any similar ill-treatment ;
15.2.3. taking evidence from victims, suspects or accused persons or from other participants in the criminal proceedings using violence, threats, deceit or by other unlawful acts which violate their rights.
General Part
SECTION FOUR
COERCIVE PROCEDURAL MEASURES
Chapter XVI
DETENTION
Article 153. Safeguarding of detainees’ rights
153.2. To secure the rights of the detainee, the officials of the prosecuting authority and those in charge of the temporary detention facility shall :
153.2.10. not treat the detainee in a way that fails to respect his personality or dignity, and pay special attention to women and persons who are under age, elderly, ill or disabled ;
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;