Practice Relating to Rule 99. Deprivation of Liberty
Azerbaijan’s Criminal Code (1999) provides that “the arrest or deprivation of liberty of people contrary to the norms of international law” as well as “deprivation of procedural rights” is a war crime.
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
No one may be detained, arrested or deprived of their liberty in any other way, except in the cases and in the manner specified below:
(a) Deprivation of a person’s liberty following his or her conviction by a duly authorized court;
(b) Lawful arrest or detention of a person for failure to comply with the lawful order of a court or for the purpose of ensuring compliance with an obligation prescribed by law;
(c) Lawful arrest or detention of persons for the purpose of their handover to a competent judicial authority where there is reasonable suspicion that such persons have committed an offence or a justifiable need to prevent them from absconding after perpetration of the offence.