Inmate Confinement in Dilapidated Prison Violates Human Rights, Legal Analysis Finds

"Tribunat," a legal analysis organization, has investigated the case of Taleh Bagirzade, an inmate who was allegedly subjected to inhumane conditions and disciplinary action after protesting his confinement in a dangerous penal institution. The investigation concludes that the state's actions constitute a violation of both national and international human rights law.

Theologian Taleh Bagirzade, who was sentenced to 20 years in prison on January 25, 2017, was being held at Penal Institution No. 12. On June 1, the roof of the facility collapsed, resulting in one inmate's death. Following the incident, some inmates were transferred, but Bagirzade and several others were kept in the life-threatening conditions.

According to Bagirzade, when he and other inmates protested, prison management threatened him, stating he could only

In response to the dangerous conditions and the threat of transfer, Bagirzade and his fellow inmates refused to participate in morning and evening roll calls. For this act of protest, Bagirzade was given a 3-day punishment in a "karser," or punishment cell, on June 19, followed by a 5-day punishment on June 22.

Bagirzade reported that when he protested to the management about the conditions, he was given an ultimatum: “Either you go to a strict and completely closed prison, or you choose to die here. There is no other alternative.”

The analysis by "Tribunat" focused on the legality of Bagirzade’s confinement in the dangerous building, his placement in the punishment cell, and the threat of a forced transfer to a stricter-regime prison.

The organization's investigation highlights several key legal points:

Violation of Human Dignity: The Code on the Execution of Sentences (CES) of Azerbaijan and its commentary state that an inmate must serve their sentence in conditions that respect human dignity, which includes meeting basic living, sanitation, and hygiene standards. The dilapidated state of Penal Institution No. 12 clearly failed to meet this requirement.

European Human Rights Law: Both the Constitution of Azerbaijan (Article 46) and the European Convention on Human Rights (Article 3) prohibit inhuman or degrading treatment. "Tribunat" cited case law from the European Court of Human Rights (ECtHR), specifically Kudla v. Poland and Kalashnikov v. Russia, to underscore that the state must ensure an inmate's health and well-being are protected and that dangerous conditions are a violation of human rights.

Disciplinary Measures as a "Last Resort": The advisory European Prison Rules, which inform the internal disciplinary rules of penal institutions in Azerbaijan, state that disciplinary measures should be used as a "last resort." Bagirzade's refusal to attend roll calls was a form of protest against unlawful and dangerous living conditions, not a malicious violation of rules. "Tribunat" concluded that the punishment was disproportionate to his actions and failed to consider the nature of his protest.

Illegal Transfer: According to the CES, an inmate can only be transferred to a stricter-regime institution by a court decision and only if they have "maliciously" violated the rules. The threat to transfer Bagirzade without a court order and as a direct result of his protest against the dilapidated building is a violation of the law.

"Tribunat's" findings conclude that the confinement of Taleh Bagirzade and other inmates in the dangerous Penal Institution No. 12 is a clear violation of Article 3 of the European Convention. The punishment he received for his protest was inadequate and the threat of an unlawful transfer to a stricter facility was a breach of legal norms.

Note: Taleh Bagirzade's confinement regime has since been made stricter, and he has been transferred to the Umbakı Penitentiary Complex.