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'Rights during investigation - not to 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' in document 'Azerbaijan - Criminal Procedure Code'

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More information about the keyword 'Rights during investigation - not to 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'
More information about the document 'Azerbaijan - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 ;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
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