Report on the Interdepartmental Cooperation in the Ministry of Justice of Republic of Azerbaijan on key offenders’ management issues

Supporting the development of the judicial system and improving the services provided by the agencies that implement
criminal court orders in Azerbaijan
Interdepartmental Cooperation Report Particip – ICON Institute – Penal Reform International Page | 2
Component II
Offender Management System
Result 6: The offender management agencies will work in closer cooperation.
Activity 2.7: Produce a report on the current level of coordination on key offender management issues
among the departments of MoJ involved
Contributor to the document
Name Position Contribution
Daniel Stoyanov KE 3 Author
Ramil Iskandarli Junior Non Key Expert Author
The opinions expressed in this document represent the views of the authors, which are not necessarily
shared by the European Union Delegation to the Republic of Azerbaijan or other stakeholders.
Report
on the Interdepartmental Cooperation in the Ministry of Justice
on key offenders’ management issues
Baku, June 2018

Table of Contents
1 Introduction ..........................................................................................................................4
2 Methodology.........................................................................................................................5
3 Desk Study ...........................................................................................................................7
3.1 International Standards and Best Practices on Offender Management .......................................... 7
3.1.1 International standards ....................................................................................................... 7
3.1.2 Examples of Best Practices on Offender Management ................................................... 10
3.2 National Legislative Framework..................................................................................................... 15
3.2.1 Criminal Code of the Republic of Azerbaijan.................................................................... 15
3.2.2 Execution of penalties ...................................................................................................... 15
3.2.3 Main functions of criminal justice agencies and other organizations ............................... 18
3.3 Other relevant legal documents and recent developments ........................................................... 23
3.4 Statistical data................................................................................................................................ 26
4 The professionals’ views on offenders’ management.....................................................29
5 Conclusions........................................................................................................................34
6 Recommendations .............................................................................................................40
List of Tables
Table 1 Main measures of punishment applied to convicts ........................................................................26
Table 2 Distribution of convicts deprived of liberty by length of sentence...................................................27
List of Figures
Figure 1 Main measures of punishment applied to convicts .......................................................................27
Figure 2 Distribution of convicts deprived of liberty by length of sentence .................................................28
Figure 3 Structure of convicts (in percent)...................................................................................................28
Figure 4 Agencies and bodies responsible for offenders’ management in Europe.....................................35
Figure 5 Membership of coordinating bodies ..............................................................................................36
Figure 6 The offenders’ management bodies in the Republic of Azerbaijan...............................................37
Figure 7 Roles and crossing points of cooperation among the key players in the offenders’
management process in the Republic of Azerbaijan .........................................................37
Figure 8 Proposed offenders’ management model .....................................................................................40
Figure 9 Membership of proposed coordinating body by type ....................................................................41

1 Introduction
The present document is an output in the framework of the project ‘Supporting the Development of
the Judicial System and Improving the Services provided by the Agencies that Implement Criminal
Court Orders in Azerbaijan’, financed by the European Union, Component II, Offender Management
System, Result 6: The offender management agencies will work in closer cooperation, Activity 2.7:
Produce a report on the current level of coordination on key offender management issues among the
departments of MoJ involved.
The Report provides information for the offenders’ management model in general, the cooperation
between the key players in the process of managing the offenders, on the current level of cooperation
among the Departments of the Ministry of Justice involved in the offenders’ management on key
offender management issues. It combines the results from the desk study of national and international
legal acts and the responses of the interviewed officials from public institutions playing role in the
management of offenders. The Report provides recommendations for further development of the
management process. Some of them are of general nature, while others reflect particular key issues
mentioned by the respondents. The recommendations are in three groups: in regard offenders’ man-
agement model, in regard the cooperation between the different players having any responsibilities
in offenders’ management and in regard offenders’ management process.
It is expected the Courts to use more widely the option for sentencing the offenders to restriction of
freedom with electronic monitoring. In combination with other non-custodial sanctions (corrective
works and community work) in the next couple of years the expectation is the flow of offenders to
Probation Service to be not less than 3 500 persons per year, 60% from whom are able bodied,
unemployed and uneducated persons. This is a big challenge for the Probation service in order to
implement properly the non-custodial sanctions and to manage all offenders in efficient manner for
ensuring the purposes of the sentence - restoration of social justice, rehabilitation and prevention of
new crimes.
The tasks envisaged by law to the newly established Probation Service of the Republic of Azerbaijan
might be efficiently implemented and the expected challenges in the coming years might be over-
come:
 if the framework of established offenders’ management model includes the resources of other
governmental bodies such as Ministry of Education, Ministry of Labor and Social Protection of
Population, Ministry of Health,
 if the cooperation between the Criminal Justice Agencies under the authority of the Ministry of
Justice is efficient and in a timely manner,
 with the use of the existing resources of international and domestic non-governmental organ-
izations,
 with staff of the Probation Service adequate to the flow of probationers, well trained and re-
ceiving adequate salary,
 if the judges and the general public have positive attitude and good understanding for the
process of implementation of non-custodial sanctions.

2 Methodology
The main instruments used for the elaboration of the report were a desk study of legal acts and a
questionnaire focused on the legislative status of the coordination of MoJ Departments involved in
the offenders management. Although not part of criminal justice legislation, relevant laws stipulating
obligations for state bodies and institutions in regard treatment, rehabilitation and social inclusion of
offenders were subject to research, review and study, as well as the existing strategic program doc-
uments in the field of criminal justice policy and the treatment of offenders. Official criminal justice
statistic obtained from the State Statistical Committee of the Republic of Azerbaijan1
was reviewed,
studied and analysed.
The Desk Review covered the following topics:
 What are the existing laws, regulations/rules and guidelines relating to offender management?
 Does the criminal justice system have reintegration and rehabilitation as its aim when dealing
with offenders?
 What are the existing structures and institutions within the justice system that are responsible
for offender management?
 What are the different roles and responsibilities of different departments and agencies within
the justice system for offender management?
 How are cases involving offenders handled at all stages of the criminal justice process ac-
cording to the legislation?
 Does interagency coordination bring a multi-agency partnership offer of rehabilitative support
for the offenders?
 Is the current legal and policy framework in compliance with the international and regional
(European standards) on offender management?
The Questionnaires were the key part of identifying the practical level of implementation of the of-
fender management system in Azerbaijan. Through the results from the tet-a-tet interviews, the cur-
rent situation on the level of coordination was analysed and included into the Report. The developed
questions aimed to identify the current level of coordination on key offender management issues and
focused on the practical aspects of the coordination between the MoJ Departments. The questions
were submitted either in a written form, or the answers were obtained through tet-a-tet interviews from
professionals working at all levels in the system (e.g. policy makers, law enforcement, justice person-
nel, front line service workers, social sector stakeholders, civil society actors and others). The purpose
of the interviews was to examine the practice of offender management, referral mechanisms and the
level of inter-departmental coordination, their own mandates and roles within the justice system in
relation to challenges and opportunities with the current system. Here is the list of the issues/questions
included into written questionaries’ or asked to respondents during the interviews:
 What work is the Penitentiary and Probation doing and how does this correspond to their legal
mandate? Is there anything in their mandate that they do not do?
 What are the main obstacles, challenges and good practices related to management of of-
fenders?
1
http://www.stat.gov.az/source/crimes/indexen.php

 What are the system level successes and failings, including in terms of preventing and ad-
dressing offending, and what are the potential consequences of these?
 What is the current level of technical and infrastructural capacity of the penitentiary and pro-
bation justice system to protect and rehabilitate offenders?
 What accountability mechanisms are in place, e.g. reporting practice, relations between key
stakeholders?
 What arrangements are there in place to monitor, follow up and assist a person in non-custo-
dial sentence?
 What extra technical and infrastructural support is needed to improve Azerbaijan’s offender
management system institutional capacity in line with the international standards?
 What are the current levels of State actor’s budget allocations and actual expenditures on
offender management, and related activities?
 What actions are needed to improve the legal and policy framework of offenders’ management
in light of best international practice?
 What actions are needed to strengthen existing structures and institutions, including coordi-
nation and referral mechanisms and links to the social welfare sector?
 What actions are needed to enhance the capacity of offender management professionals of
prison and probation service to implement both national and international laws, standards and
guidelines on young and adults offenders?
 What actions might be taken in order to involve the public into the process of rehabilitation of
offenders?
The list of respondents
1. Head and Deputy Head of Probation Service
2. Members of the Public Council under the Ministry of Justice
3. Representatives of the Organizational Department and Department on Human Rights and
Public Relations of the Ministry of Justice
4. Chief of the National Preventive Group of the Ombudsman
5. Representative of the Justice Academy of the Ministry of Justice
The Report includes examples of best practices from CoE countries on offenders’ management issues
providing information that might be used for improving the model of cooperation between the Depart-
ments of MoJ authorized to deal with offenders, their rehabilitation and if any other organizations,
involved in the offender management process. The Report reflects the professionals’ views of offender
management process and their recommendations for further improvement of the system.
The main sources of the information is the legislation of the Republic of Azerbaijan and the interviewed
stakeholders are representatives of Azerbaijani institutions. In order to avoid mistakes or misleading
interpretation of legal definitions and stakeholders opinions the Report was written in Azerbaijani lan-
guage, as the legal terms and definition of Azerbaijani legislation might not have been properly inter-
preted. The English version of the Report serves as a complementary document mainly in the part
describing international standards and best practices in offender management.

3 Desk Study
3.1 International Standards and Best Practices on Offender Man-
agement
3.1.1 International standards
The international documents in the field of probation and community sanctions and measures intro-
duce principles on key issues in the management of implementing agencies and of offenders’ man-
agement. Namely, these are the United Nations Standard Minimum Rules for Non-custodial Measures
(The Tokyo Rules)2
, the Council of Europe Probation Rules (Probation Rules)3
and the European
Rules on community sanctions and measures (Rules on CSM)4
.
The Rules adopt recommendations on the structure, status and funds of probation agencies that has
to correspond to the volume of the tasks and responsibilities they are entrusted with, the criteria for
recruitment of the staff implementing the sanction, its initial, ongoing and specialized training, the
adequate salary, benefits and career development, caseload. The competent authorities should pro-
vide appropriate resources, focused selection and recruitment, adequate remuneration of staff and
good management in order to earn the respect of other justice agencies and of civil society for the
status and work of probation staff. Some of them are listed bellow.
 The structure, status and resources of probation agencies shall correspond to the volume of
the tasks and responsibilities they are entrusted with and shall reflect the importance of the
public service they implement. (Art. 18, Probation Rules);
 The structure, status and resources of implementing agencies shall correspond to the volume
and the complexity of the tasks and responsibilities they are entrusted with and shall reflect
the importance of the services they provide. (Art. 73. Rules on CSM);
 Probation agencies shall act in a manner that earns the respect of other justice agencies and
of civil society for the status and work of probation staff. The competent authorities shall en-
deavour to facilitate the achievement of this aim by providing appropriate resources, focused
selection and recruitment, adequate remuneration of staff and good management. (Art. 21,
Probation Rules);
 To secure and retain qualified professional staff, appropriate service status, adequate salary
and benefits commensurate with the nature of the work should be ensured and ample oppor-
tunities should be provided for professional growth and career development. (Art. 15.3, Tokyo
Rules);
 Staff remuneration, benefits and conditions of employment shall reflect the standing of their
profession and shall be adequate to the exacting nature of their work in order to attract and
retain suitable staff. (Art. 33, Probation Rules) and
2
Adopted by General Assembly resolution 45/110 of 14 December 1990;
3
Recommendation CM/Rec(2010)1 of the Committee of Ministers to member states on the Council of Europe Probation
Rules (Adopted by the Committee of Ministers on 20 January 2010 at the 1075th meeting of the Ministers’ Deputies);
4
Recommendation of the Committee of Ministers to member States on the European Rules on community sanctions and
measures (Adopted by the Committee of Ministers on 22 March 2017 at the 1282nd meeting of the Ministers' Deputies).

 Salaries and conditions of service shall be commensurate with the staff’s skills and responsi-
bilities. Staff shall be appointed on such a legal, financial and working-hours basis that profes-
sional and personal continuity of development is ensured, that the employees’ awareness of
official responsibility will be strengthened and that their status in relation to conditions of ser-
vice matches that of other professional staff with comparable functions. (Art. 84, Rules on
CSM);
 The staff responsible for implementation shall have adequate training to enable them to have
a sound understanding of their particular field of activity, their practical duties and the ethical
requirements of their work. Their training should encourage them to contribute to an enhance-
ment of their work. Their professional competence shall be regularly developed through further
training and performance reviews and appraisals. (Art. 83, Rules on CSM);
 Throughout their career, all staff shall maintain and improve their knowledge and professional
abilities through in-service training and development provided to them. (Art. 21, Probation
Rules);
 After entering duty, staff shall maintain and improve their knowledge and professional capacity
by attending in-service training and refresher courses. Adequate facilities shall be made avail-
able for that purpose. (Art. 16.3, Tokyo Rules);
 Probation staff shall be sufficiently numerous to carry out their work effectively. Individual staff
members shall have a caseload which allows them to supervise, guide and assist offenders
effectively and humanely and, where appropriate, to work with their families and, where appli-
cable, victims. Where demand is excessive, it is the responsibility of management to seek
solutions and to instruct staff about which tasks are to take priority. (Art. 29, Probation Rules).
In terms of high-level operational management and the cooperation of Probation Agencies with other
institutions and organizations, the following recommendations are pointed out:
 The management shall ensure the quality of probation work by providing leadership, guidance,
supervision and motivation to staff. Staff shall be accountable for their practice. (Art. 21, Pro-
bation Rules);
 The management shall endeavour to develop and maintain sound working relationships and
good contacts with other agencies and partners, with volunteers, public authorities, the media
and the general public. (Art. 22, Probation Rules);
 There shall be arrangements for management to consult with staff as a body on general mat-
ters regarding their professional practice and related conditions of employment. (Art. 23, Pro-
bation Rules);
 Training should also give staff an understanding of the need to cooperate in and coordinate
activities with the agencies concerned. (Art. 16.1, second sentence, Tokyo Rules);
 Probation agencies shall work in partnership with other public or private organisations and
local communities to promote the social inclusion of offenders. Co-ordinated and complemen-
tary inter-agency and inter-disciplinary work is necessary to meet the often complex needs of
offenders and to enhance community safety. (Art. 12, Probation Rules);
 Implementing authorities shall work in co-operation with other agencies of the justice system,
with support agencies and with the wider civil society in order to carry out their tasks and duties
effectively and fairly. (Art. 74, Rules on CSM);
 Probation agencies shall work in co-operation with other agencies of the justice system, with
support agencies and with the wider civil society in order to implement their tasks and duties
effectively. (Art. 35, Probation Rules);

 Whether or not probation agencies and the prison service form part of a single organisation,
they shall work in close co-operation in order to contribute to a successful transition from life
in prison to life in the community. (Art. 39, Probation Rules);
 Where appropriate, inter-agency agreements shall be arranged with the respective partners
setting the conditions of co-operation and assistance both in general and in relation to partic-
ular cases. (Art. 40, Probation Rules);
 Suitable mechanisms should be evolved at various levels to facilitate the establishment of
linkages between services responsible for non-custodial measures, other branches of the
criminal justice system, social development and welfare agencies, both governmental and
non-governmental, in such fields as health, housing, education and labour, and the mass me-
dia. (Art. 22.1 Tokyo Rules).

3.1.2 Examples of Best Practices on Offender Management
England and Wales
A major change in the role of the probation services over the past fifteen years has been the increas-
ing priority given to public protection and the management of dangerous offenders. The probation
services work with other agencies from within the criminal justice system and more widely to manage
high risk offenders living in the community. This is done through Multi Agency Public Protection Ar-
rangements (MAPPA) and the use of Integrated Offender Management approach.
Each local area has a system of Multi-Agency Public Protection Arrangements to ensure that criminal
justice and other agencies co-operate, share information and agree strategies to reduce the likelihood
of offenders committing serious offences.
MAPPA is the process through which the police, probation and prison services work together with
other agencies to assess and manage violent and sexual offenders in order to protect the public from
harm. It is a system of sharing information and combining resources to maximise the risk management
in place for each individual offender.
It is the responsibility of the National Probation Service to manage all offenders that are classed as
high risk or managed by MAPPA. The Community Rehabilitation Companies has a statutory respon-
sibility to co-operate with these arrangements as required.
There are three levels of MAPPA management which are based upon the level of multi-agency co-
operation required to implement the risk management plan effectively. Higher risk cases tend to be
managed at the higher levels and offenders will be moved up and down levels as appropriate.
 Level 1 - Ordinary management
These offenders are subject to the usual management arrangements applied by whichever
agency is supervising them.
 Level 2 - Active multi agency management
The risk management plans for these offenders require the active involvement of several agen-
cies via regular MAPP meetings.
 Level 3 - Active multi agency management
Same as Level 2 but these cases additionally require the involvement of senior officers to
authorise the use of special resources, such as police surveillance or specialised accommo-
dation and/or to provide ongoing senior management oversight.
There are three categories of offenders managed through MAPPA:
 Category 1
Registered sex offenders
 Category 2
Violent offenders sentenced to imprisonment for 12 months or more, or those detained under
hospital orders. This category also includes a small number of sexual offenders who do not
qualify for registration and offenders disqualified from working with children; and
 Category 3

Other dangerous offenders who do not qualify under categories 1 or 2 but who currently pose
a risk of serious harm, there is a link between the offending and the risk posed, and they
require active multi-agency management.5
Integrated Offender Management (IOM)6
IOM complements other statutory multi-agency arrangements, such as MAPPA. It aims, amongst
other things, to help local partners jointly to reduce crime and reoffending, improve public confidence
in the criminal justice system and tackle the social exclusion of offenders and their families. IOM seeks
to achieve this through a combination of interventions including enforcement, persuasive compliance,
and supportive offender engagement. It should be noted that whilst offender engagement in IOM is
not mandated, compliance with the requirements of the Court Order or Licence component of IOM is
mandatory.
IOM cohort offenders typically present the highest risk of reoffending and/or risk of harm to local
communities and therefore require an enhanced response to risk management and rehabilitation by
partners. This should mean that IOM arrangements respond by providing an intensive package of
intervention consisting of an enhanced level of contact from a range of relevant partnership services.
Local IOM models vary in different areas to reflect local circumstances and priorities (as determined
by local crime and needs profiles), but there are a clear set of key principles that should underpin IOM
arrangements. These principles are outlined in detail within the Home Office and MoJ IOM Key Prin-
ciples 2015 document. The Key Principles are intended to reflect the essence of IOM. Local models
will vary to reflect local circumstances and priorities, but the common elements are:
 all partners manage offenders together: a broad partnership base for IOM, with co-located teams
wherever possible, helps to ensure that the local approach is underpinned by comprehensive
evidence and intelligence and that a wide range of rehabilitative interventions are available to
support offenders’ pathways out of crime;
 to deliver a local response to local problems: the local IOM model reflects local circumstances
and priorities, responding to the crime and reoffending risks faced by the local community;
 with all offenders potentially in scope: IOM brings a wider partnership approach to the manage-
ment of offenders identified as being of most concern locally, whether subject to statutory super-
vision by the National Probation Service or Community Rehabilitation Company, or managed on
a voluntary basis where not subject to these formal arrangements;
 facing up to their responsibility or facing the consequences: the IOM carrot and stick approach
brings a multiagency partnership offer of rehabilitative support for those who engage, with the
promise of swift justice for those who continue to offend;
 with best use made of existing programmes and governance arrangements: IOM provides a ‘stra-
tegic umbrella’ that ensures coherence in the response to local crime and reoffending threats,
providing a clear framework to make best use of local resources in tackling the most persistent or
problematic offenders, identified by local agencies working collaboratively together;
 to achieve long-term desistance from crime: IOM ensures that offenders of concern remain on the
radar of local agencies, even if not subject to statutory supervision, or where a period of statutory
5
http://www.westmerciaprobation.org.uk/page.php?Plv=3&P1=5&P2=20&P3=7
6
https://mappa.justice.gov.uk/connect.ti/MAPPA/view?objectId=6017680&exp=e1

supervision has come to an end, with the opportunity to provide sequenced rehabilitative inter-
ventions to provide the individual with pathways out of crime.
Partnership working is key to the success. The Probation services work with criminal justice service
agencies and other statutory agencies such as the Police, Courts, the Prison Service and Community
Service Providers but beyond this they have developed partnerships with organisations from the third
sector, to help them achieve their goals. They also work with agencies outside of the criminal justice
system such as Local Authorities, housing providers and health services. For example, the alcohol
and drug treatment interventions are offered through partnership agencies which vary across the area.
Denmark7
The Danish Prisons and Probation Service (DPPS) and its various branches, including the probation
service, collaborate on a daily basis with relevant operators such as the police, the courts, prosecutors
and defence lawyers. A frequent cause of cooperation, which is seen in most of all criminal cases, is
the elaboration of pre-trial reports.
The service’s main collaborator is the municipal social services departments, where all financial sup-
port of clients is administered. Normally the probation service cannot provide financial support of cli-
ents. The basic interface between the general competences and tasks of the social services depart-
ments and the criminal justice system is defined in legal regulation at national level. Furthermore, a
number of legal guidelines and instructions for collaboration on groups of clients are agreed upon
over time.
Almost one third of the clients in the probation service are mentally ill and sentenced to (ambulant)
treatment. This requires close collaboration between the probation service and the psychiatric treat-
ment system. Centres for addiction treatment also belong to the group of daily collaborators.
To be able to activate clients sentenced to community service, the probation service has regular con-
tact and collaboration with about 1,200-1,500 workplaces which have agreed to include this group of
sentenced individuals. These workplaces are regular public workplaces, publicly supported work-
places or NGOs.
The DPPS runs seven halfway houses with about 180 places. The halfway houses are primarily used
for prisoners serving the last part of their sentence i.e. persons who are technically prisoners, but not
clients of the probation service. However, a small share of the residents in the halfway houses are on
parole and therefore under supervision by the probation service. The halfway houses accommodate
both men and women, and most of them can also accommodate children of the residents. Supervision
of a probation service client staying in a halfway house is carried out in close cooperation between
the staff at the halfway house and the probation officer.
Belgium8
Although the Houses of Justice are responsible for supervising offenders subject to community orders
and post-custody licences, the Houses of Justice have always worked closely with other organisations
to help deliver interventions.
According to the probation service instruction of 28 July 2003 regarding ‘The service instruction clar-
ifying the code of good practice of a justice assistant and some methodological aspects’, the justice
assistant should ‘inform, advise and refer the parties’. The law thus stipulates that justice assistants
have a function of referring the client of the Houses of Justice to other resources in the community for
7
http://www.cep-probation.org/wp-content/uploads/probation-in-europe-denmark.pdf, p.14.
8
http://www.cep-probation.org/wp-content/uploads/2015/03/Chapter-Belgium-final.pdf p.15

help which the justice assistant or his/her own agency cannot provide. Referral tasks can include
referral to psychological, medical and social services. For instance, referral to the public employment
service for vocational counselling or to the National Office for Employment for unemployment benefits,
to the Centres for General Welfare Work, to a legal resource for advice, to a Public Centre for Social
Welfare for budget planning and/or for receiving a minimum income, etc.
Bulgaria
According to the current legislation - Execution of Penalties and Detention in Custody Act (EPDCA)
and the experience and practice gathered so far there are several key partners of the probation sys-
tem in Bulgaria.
Firstly, these are the Probation Councils. The Probation Councils are public bodies that also involve
civil society representatives. Through the Probation Councils, public oversight and control over the
probation activities can be exerted and on the other hand the general public can take part in the
correction and rehabilitation of offenders. They represent an organised mechanism for community
involvement in the process of penalty execution and express the belief that effective correction and
rehabilitation of offenders is impossible without specific commitment on behalf of various public and
municipal bodies and structures. Probation Councils are established in the jurisdiction area of the
relative district court and are composed of: chairman – a probation officer, and members of the council
– representatives of all state, municipal, public and civic organisations.
The second key partner is the municipality, which appears to be the main partner of the probation
services in the execution of probation measures, especially concerning community service. Small
town mayors also participate in execution of one of the measures: compulsory registration at the
current address, which is most often done daily.
The partnership with the police office in particular should also be pointed out because of its important
role in the implementation of all probation activities.
The Law on execution of penalties allows representatives of the nongovernmental sector, volunteers
or citizens to participate in the implementation of activities related to probation. Besides, the law allows
probation services to develop and implement projects and programmes in cooperation with NGOs.
Sometimes social work, psychology, pedagogy and law students are involved as volunteers. Some
NGOs in the country have signed principle agreements for provision of services to the relevant pro-
bation services.
Czech Republic9
Since the beginning, the Probation and Mediation Service has been building a partnership with other
authorities (police, courts, public prosecutor's offices, and prison service). The partnerships might be
formalised by collaboration agreements e.g. with the police or the prison service), by joint concepts
of cooperation (with the general prosecutor's office) or it can be completely informal.
The Probation and Mediation Service creates and develops cooperation with relevant governmental
and non-governmental organisations. In recent years, the Service has concentrated on unemploy-
ment and over indebtedness issues, forming partnerships with employment offices, and debt consult-
ants.
9
Probation and Mediation in Czech Republic, 2017.

The Service establishes partnerships with organisations creating a network of services for crime vic-
tims (local Teams for Victims) and the entities operating in the area of juvenile delinquency (local
Youth Offending Teams).
Another important network is the one with community service providers and providers of programs for
offenders. This cooperation resulted in the development and gradual implementation of probation and
re-socialisation programs based on similar programs used by probation services in the UK, Switzer-
land, and Denmark.
Georgia10
The National probation Agency relies on the services offered by voluntary, state and non-governmen-
tal organizations. There are numerous rehabilitation programs in different regions of Georgia provided
to probationers with the help of international or non-government organizations.
In some cases, probationers are addressed to different organizations to get involved in programs or
activities they need. Such programs and activities include psycho-medical rehabilitation, education
programs; overcoming addiction; free medical screening for hepatitis, finding shelters for women.
National Probation Agency also cooperates with state agencies to help probationers in re socialization
and rehabilitation. National Probation Agency together with the Ministry of Environmental Protection
started a program where clients can do community service work at national parks, natural landscapes
and other locations in the governance of the Ministry of Environmental Protection. National probation
Agency has signed memorandums with different state organizations such as Public Service Develop-
ment Agency, Social Service Agency and Agency of Public Registry.
10
http://www.cep-probation.org/wp-content/uploads/Georgia-2017.pdf, p.11

3.2 National Legislative Framework
The national legislation on agencies implementing execution of the court decisions on criminal cases
in Azerbaijan includes Criminal and Criminal Procedural Codes, the Code on Execution of Penalties,
Presidential Decrees and Orders, laws and sub-legal acts adopted in this field as well as the charters
of the departments of the Ministry of Justice working in this sphere.
3.2.1 Criminal Code of the Republic of Azerbaijan
According to the Art. 42. of the Criminal Code, the current system of sanction includes the following
penalties:
42.0.1. fines;
42.0.2. deprivation of the right to operate a vehicle;
42.0.3. deprivation of the right to hold the certain posts or to engage in the certain activity;
42.0.4. public works;
42.0.5. deprivation of special, military or a honorary title and state award;
42.0.6. corrective works;
42.0.7. restriction on military service;
42.0.9. forced exile from the Republic of Azerbaijan;
42.0.9-1. restriction of freedom;
42.0.11. maintenance in disciplinary military unit;
42.0.12. imprisonment on the certain term;
42.0.13. life imprisonment.
3.2.2 Execution of penalties
According to the Code on Execution of Penalties, the legislation on execution of penalties is based
on the principles of legality, humanity, democracy, equality of convicts before the law, individualization
of penalties, reasonable application of enforcement measures, rehabilitation of convicts and stimula-
tion of their obedient behaviour and strengthening of the educational impact of the sanction.
The correction of convicts is motivation of their obedient behaviour, forming at them of respect and
honouring to the person, society, work, rules and traditions of human community.
The main means for correction of convicts are:
 established procedure of execution and serving sentence (regime);
 educational work;
 socially useful labor;
 general education;
 initial specialized professional education and professional training;
 public impact.11
11
Unified Internet electronic database of Normative Legal Acts of the Ministry of Justice of the Republic of Azerbaijan,
http://www.e-qanun.az/code/15

General offenders’ management bodies
The third chapter of the Code on Execution of Penalties provides the legal basis for the activity of the
agencies managing offenders. Thus, according to the Article 15 of the Code:
 Penalties in the form of public work are executed by the execution officer according to the
place of residence of the offender;
 Fines and confiscation of property are executed by the execution officer according to the place
of the court that issued the sentence as well as the place of offender’s employment or the
place where his property is;
 Penalty in the form of forced eviction from the Republic of Azerbaijan is executed in accord-
ance with legislation by the relevant executive authority with presentation of the institution or
body that implements the basic penalty;
 Penalty in the form of deprivation of the right to hold certain positions or engage in certain
activities is executed by the execution officer according to the place of residence of the convict
or by the administration of the penitentiary institutions;
 Requirements of the sentence on penalty in the form of deprivation of the right to hold certain
positions or engage in certain activities are implemented at the convict’s place of employment
as well as by the agencies authorized to cancel the license to engage in the relevant type of
activity in accordance with legislation;
 Penalty in the form of deprivation of the right to drive a vehicle is executed by the authority
giving the right to drive the vehicle;
 Penalty in the form of correction works is executed by the execution officer;
 Penalty in the form of restriction of freedom is executed by the execution officer;
 Penalty in the form of imprisonment for a certain term or life imprisonment is executed by the
appropriate penitentiary institutions;
 Penalty in the form of deprivation of special or military rank, honorary title and state awards is
executed by the court that delivered the sentence. Requirements of the sentence on penalty
in the form of deprivation of special or military rank, honorary title and state awards are imple-
mented by the agency granting this rank, honorary title and state award;
 The penalty in the form of restrictions on military service is executed by the commander of the
military unit of the military servicemen, the penalty in the form of detention in the disciplinary
military unit is executed the commander of the military unit created for these purposes;
 Supervision of conditionally sentenced convicts is carried out by executive officers;
 The mechanism for implementing and execution of the penalties of persons sentenced to pun-
ishment in the form of detention in a disciplinary military unit, deprivation of liberty for a certain
period of time and life imprisonment is defined by the Internal Disciplinary Rules adopted by
relevant executive authorities in accordance with the characteristics of the types of penalties.
Probation control
The Probation control consists of a complex system of social and legal measures aimed to control the
fulfilment of the tasks assigned by the Court as well as correction, social adaptation and rehabilitation
of the offenders. Probation control is applied to the following persons:
 persons sentenced to punishments in the form of fines, deprivation of the right to drive a
vehicle, deprivation of the right to hold certain positions or engage in certain activities,
public works, correctional work, restriction of freedom;
 persons who have conditional sentence, are released prematurely on parole, or the per-
sons whose imprisonment was postponed by the court;

 persons regarding whom the mandatory medical measures have been identified for treat-
ing alcoholism or drug abuse.
The electronic monitoring means are applied to the persons sentenced to the punishment in the form
of restriction of freedom. The electronic monitoring means are also applied to the persons who have
conditional sentence, are released prematurely on parole in the cases determined by the court.
If the court imposes on a convict a compulsory medical treatment on the grounds of alcoholism or
drug addiction as well as mental disorder, which does not exclude soberness, these measures are
carried out by the institution or body that executes the penalty during the sentence period. The com-
pulsory medical measures for the treatment of alcoholism or drug abuse assigned to a person along
with imprisonment are carried out by the institution that executes the penalty during the sentence
period.
Supervision over the conditionally convicted persons
 Supervision over the conditionally convicted persons is implemented based on their place
of residence by the execution officer and supervision over the military servants is imple-
mented by the command of the military units and institutions.
 During the probation period of the convicts, the execution officer with their employer's par-
ticipation conducts registration of the convicts and supervises adherence to public order
by convicts and the performance of the duties charged to them by the court.
 When the penalty in the form of deprivation of the right to hold certain position or to engage
in certain activities is imposed as an additional penalty, the execution officer implements
the measures provided in the Article 31 of the Code on Execution of Penalties.
 The conditionally convicted persons should perform the duties imposed on them by the
court and should arrive upon a call of the execution officer. Convicts who do not come
without any excuse may be compulsorily brought with the decision of the execution officer
assigned by the execution agency.
Supervision of the conditionally released persons
 Supervision over the persons released on parole is implemented based on his/her place
of residence by the execution officer. The supervision over the military servants is imple-
mented by the command of the military units and institutions.
 The copy of the parole decision should be sent to the court in accordance with the person’s
place of residence and the executive body within three days since his/her release. At the
same time, the administration of the penitentiary institution receives document from the
person within fifteen days since his/her release about registration with the executive body
in accordance with the place of residence.
 The execution officer conducts registration of the persons released on parole and super-
vises adherence to public order by convicts and performance of duties imposed to them
by the court.
 The persons released on parole should perform duties imposed to them by the court and
should arrive upon call of the execution officer. Individuals who do not come without any
excuse may be compulsorily brought with the decision of the execution officer assigned by
the execution agency.
Public works
Public works is a relatively new coercive measure in the legislation on criminal and administrative
offenses. It should be mentioned that the international acts aimed at reducing the penalty on depriva-
tion of liberty suggest application of the public works along with other alternatives.

In Azerbaijan Republic, this penalty was included as the main punishment to the Criminal Code
adopted in December 1999. According to the Article 47 of the Criminal Code, Public works is perfor-
mance by the condemned of free-of-charge socially useful work or study during the free time of the
offender. Public works in the Republic of Azerbaijan are also included in the list of reprimands that
can be applied for administrative offenses. This innovation was reflected in the Article 22 of the new
Code of Administrative Offenses of the Republic of Azerbaijan adopted on December 29, 2015 and
effective from March 1, 2016.
It should be noted that, there are enough similarities in the essence, execution and rules of serving
the public works either as a criminal sanction or administrative punishment, however, at the same
time there are certain differences.
Public works can be applied to a group of criminal offenses covered by the various chapters of the
Special Part of the Criminal Code. Of the crimes involving the use of this punishment, i.e. of the
relevant articles, 37 are crimes that do not cause serious public danger and 6 are classified as less
serious12
.
Social adaptation and reintegration of offenders
Three months prior to completion of the sentence of imprisonment for a certain period, administration
of the penitentiary institution submits list to the relevant executive authority consisting the names of
offenders that will be released. Not less than once a month the appropriate executive authority to-
gether with the administration of the penitentiary institution identifies those to be released from prison
who need social adaptation and register those persons with their consent. The registered persons are
explained their rights and responsibilities, the content and implementation of social adaptation
measures. Those who refused social adaptation are informed of the right to apply to the relevant
executive authority for social adaptation within three months after being released from punishment.
The administration of the penitentiary institution immediately informs the relevant executive authority
about those who are exempted from criminal penalties on other grounds and need social adaptation
and takes joint measures to send these persons to the social adaptation centres.
Public organizations are involved in correction of the convicts and implement public control over ac-
tivities of the institutions and bodies executing the penalties. The rules for participation of the public
organizations in the correction of the convicts and implementation of public control over activities of
the institutions and bodies executing the penalties are determined by the normative legal acts.
Several provisions of the Charter of the Probation Agency provides the legal basis for social adapta-
tion and reintegration of offenders. In accordance to the Charter, the Probation Service organizes the
activity on provision of participation in social adaptation and rehabilitation of the persons undergoing
probation control.
3.2.3 Main functions of criminal justice agencies and other organizations
Penitentiary Service
 Implements execution of the penalties on term and life imprisonment;
 Implements the work on correction of convicts;
 Provides places for the detention of persons to whom the preventive measure is applied;
12
Musa Humbatov, Deputy Head of the Probation Service of the Azerbaijan Republic Ministry of Justice, Article: Organi-
zation of execution of criminal and administrative punishment in the form of public works in the Republic of Azerbaijan

 Provides assistance for rehabilitation and social adaptation of persons sentenced in peni-
tentiary institutions.
Probation Service
 Organizes execution of punishments in the form of fines, deprivation of the right to drive a
vehicle, deprivation of the right to hold certain positions or engage in certain activities,
public works, correctional work, restriction of freedom;
 Organizes implementation of probation control over the persons sentenced to punish-
ments in the form of fines, deprivation of the right to drive a vehicle, deprivation of the right
to hold certain positions or engage in certain activities, public works, correctional work,
restriction of freedom;
 Organizes implementation of probation control over the persons who have conditional sen-
tence, are released prematurely on parole, or the persons whose imprisonment was post-
poned by the court;
 Organizes implementation of probation control over the persons who committed a crime
and regarding whom the mandatory medical measures have been identified for treating
alcoholism or drug abuse (except for prisoners serving sentences in prisons) as well as
those charged with administrative detention and who have been subjected to compulsory
treatment of drug addiction;
 Arranges the execution of administrative punishment in the form of public work;
 Organizes the work on prevention of re-offending by the persons undergoing probation
control.
For the moment in Azerbaijan, there is no specific Law on Probation. The key document regulating
the activity of the probation office is the Charter on Probation Agency adopted by the Ministry of
Justice in December 2018. According to the Charter, the key obligations of the Probation agency in
are the following:13
 to take measures for organization of execution of punishments in the form of fines, depri-
vation of the right to drive a vehicle, deprivation of the right to hold certain positions or
engage in certain activities, public works, correctional work, restriction of freedom;
 to take measures for organization of implementation of probation control over the persons
sentenced to punishments in the form of fines, deprivation of the right to drive a vehicle,
deprivation of the right to hold certain positions or engage in certain activities, public works,
correctional work, restriction of freedom;
who have conditional sentence, are released prematurely on parole, or the persons whose
imprisonment was postponed by the court;
committed a crime and regarding whom the mandatory medical measures have been iden-
tified for treating alcoholism or drug abuse (except for prisoners serving sentences in pris-
ons) as well as those charged with administrative detention and who have been subjected
to compulsory treatment of drug addiction;
 to take measures for organization of execution of punishments in the form of public works;
13
Unified Internet electronic database of Normative Legal Acts of the Ministry of Justice of the Republic of Azerbaijan,
http://www.e-qanun.az/code/15

 to ensure registration of persons subjected to administrative penalties in the form of public
works over whom the probation control is implemented;
 to establish electronic information system of persons registered with the Service, exchange
in-formation with relevant authorities and organizations;
 to arrange for the use of electronic monitoring devices;
 to take measures for provision of the rules and conditions for execution of the administra-
tive punishment in the form of fines, deprivation of the right to drive a vehicle, deprivation
of the right to hold certain positions or engage in certain activities, public works, correc-
tional work, restriction of freedom, and public works;
 to take measures for arrangement of execution of the juvenile convicts taking into account
the peculiarities provided in the legislation;
 to take measures for participation in social adaptation and rehabilitation of the persons
undergoing probation control;
 to coordinate appeals of the local agencies working according to the activity directions to
police and security bodies for help;
 to provide public participation in correction of the convicted persons undergoing the pro-
bation control and to cooperate with the agencies working in the sphere of public control
over execution of penalties;
 to involve the representatives of non-governmental organizations, as well as volunteers in
the activities of the Service.
Chief Executive Department/Bailiffs’ Department
 the local executive authorities ensure execution of the court judgments and orders on civil,
economic disputes and administrative offenses, as well as execution of appropriate pen-
alties on criminal cases not related with deprivation of liberty, execution of judgements and
court orders on civil claim and repayment of damages;
 Ensures the established procedure of activity of relevant courts of the Azerbaijan Republic.
Inspectorate for Control over Execution of Penalties:
 monitors activities of the penitentiary institutions related to execution of penalties;
 supervises the execution of penalties that are not related to the isolation of offenders from
the society.
Chief Medical Department of the Ministry of Justice
The main activity directions of the Chief Medical Department in regard offender management are:
 Provides medical care to convicts and accused persons detained in penitentiary institu-
tions of the Ministry;
 carries out management sanitary supervision at the agencies within the Ministry’s system;
 carries out health education, promotes healthy lifestyle, and health culture.
The Public Committee under the Ministry of Justice
The forms of participation of the Public Committee established to ensure public participation in the
process of correction of convicts and public control of penitentiary institutions in correction of convicts
are as follows:
 Provision of assistance to the convicts to get general education and professional training;

 Provision of assistance for effective organization of convicts' leisure time, their involvement
in socially useful labour;
 Implementing ethical, legal, labour, physical and other education measures in the peniten-
tiary institutions;
 Provision of assistance for ensuring freedom of conscience and religious beliefs of the
convicts;
 Provision of legal assistance to the convicts;
 Conduction of the legal awareness raising work with the convicts;
 Arranging meeting for convicts with their family members and close relatives ;
 Holding meetings of prisoners with prominent state, science, culture, art figures and ath-
letes;
 Provision of assistance for prisoners' involvement in artistic activities;
 Organization of concerts and other cultural events for prisoners;
 Implementation of individual training with prisoners intentionally infringing the rules of ex-
ecution of the penalty;
 Provision of assistance to the convicts who are foreigners, stateless or possess a refugee
status in applying to the diplomatic or consular missions of the countries they belong to in
the Republic of Azerbaijan or applying to the national or international organisations under-
taking protection of these persons;
 Implementation of other projects that are funded from the sources not prohibited by the
law, which are in line with activities of the penitentiary institutions and serve for correction
of the convicts;
 Provision of assistance for improvement of material-housing and sanitary medical mainte-
nance of the convicts;
 Provision of moral, material and other assistance to the convicts and their family members;
 Provision of assistance for preparation of prisoners to being released, ensuring their ac-
commodation and employment after release, solving issues on their medical and social
maintenance, social and psychological rehabilitation;
 Provision of assistance for strengthening the material and technical basis of the peniten-
tiary institutions.
National Preventive Group of Ombudsman (NPG)
The activity of the Azerbaijan NPG consists of measures implemented in four main directions:
 Preventive visits – making regular planned or unplanned visits to the places of detention,
without prior notice;
 Legal analysis – theoretical and practical analysis of the activities carried out, as well as
information collected about these activities, also providing suggestions and recommenda-
tions on relevant topics in the legislative acts which are in force or in draft, summarizing of
the obtained results and preparation of relevant proposals;
 Legal enlightenment – Organizing legal awareness activities for the staff of the Office, NPG
members, employees of places which detainees can not leave on their will, as well as

persons detained in such places, students of the relevant educational institutions and
academies, development and distribution of the appropriate visual aids for promotion of
the work on torture prevention;
 Public relations and international cooperation – organization of the information exchange
with local, regional and international organizations, as well as with foreign NPGs, mutual
participation in the measures implemented, as well as arrangement of joint events and
organizing the coverage of NPG activities in mass media.

3.3 Other relevant legal documents and recent developments
Presidential Order
The Executive Order of the President of Azerbaijan Republic İlham Aliyev, signed on February 10,
2017 ''On improvement of operation of penitentiary, humanization of penal policies and extension of
application of alternative sanctions and non-custodial procedural measures of restraint'' became a
new milestone in terms of sustainability of the reforms implemented in criminal justice, offenders’
management and humanization of penal policies.
Being essentially comprehensive, the Order includes the fundamental principles of human rights and
freedoms, as well as strategic, new and complex approaches, fundamental changes and cooperation
in terms of ensuring the purposes of the sentence - restoration of social justice, rehabilitation and
prevention of new crimes.
Thus, the Order states: “Modernisation of public administration and the measures realised in the field
of judicial-legal reforms necessitate modernisation and organisation of effective administration of pen-
itentiary service and of activities related to execution of penalties, in general.
Notwithstanding the measures implemented in the penal field, recent analyses indicate that normal
operation of penal settlements has not been ensured, difficulties arise in the process of execution of
community service, and penal authorities and institutions do not make sufficient use of Information
and Communication Technologies.
Wide application of arrest for low-risk or less serious crimes, including crimes in the field of economic
activities, and increase in dynamics of custodial sentencing for these crimes lead to increase in num-
ber of inmates and in load of penitentiary institutions.’’
Law on the changes to the Criminal Code of Azerbaijan, adopted in October 20, 2017.
The lack of alternative penalties in the sanctions resulted in increase of the number of people deprived
of liberty in Azerbaijan. The newly amended penalty of restriction of freedom will be a significant tool
for elimination of this problem. In this regard, it is important to note the law on the changes to the
Criminal Code of Azerbaijan, adopted in October 20, 2017.
In order to reduce the application of imprisonment and introduce non-custodial alternative penalties
instead of imprisonment, the Law amended a type of penalty in the system of sanctions in the Criminal
Code. This is the restriction of freedom consisting of surveillance of the convicted in the place of
residence without complete isolation from the society. In general, in more than 140 articles of the
Criminal Code, restriction of freedom applies as an alternative form of penalty. Besides, fines and
other penalties alternative to the deprivation of liberty apply to the sanctions of 80 more crimes.
The law introduces the electronic monitoring reflecting the issue of the effective supervision of the
offenders. A device placed onto the persons sentenced to restriction of freedom allows constantly
monitoring of their location and movement. The electronic monitoring devices will be also used for the
application of such sanctions like conditional conviction or conditionally released from serving prison
term.
One of the conceptual issues provided in the law is changing the attitude towards those charged with
acquisition and possession of drugs and drug substances in the criminal legislation. First, the law
recognizes these persons as people with drug addiction. The obligatory inpatient medical treatment
is applied to the person with drug addiction who committed a crime of obtaining drugs without the
purpose of trafficking, not having an intention to commit any other crime. Person shall be exempt from

criminal liability after being recovered. The possibility of being released from liability is provided to the
person only once. Persons avoiding the treatment are subject to criminal liability14
New article 528-1 to the Code of Administrative Offences
The new Article 528-1 on Failure to fulfill duties on execution of public works and administrative pen-
alties was added to the Code of Administrative Offences of the Azerbaijan Republic. According to the
new article, administrative responsibility of the appropriate officials of the local executive authority for
failure to timely provide the relevant execution officer (on probation) with the list of places of execution
of public works and administrative penalties, as well as with information on the number of persons
required to carry out these activities or for failure to timely respond to the inquiries regarding the
places of execution of public works and the fine of 400 to 600 manats for the abovementioned actions
was provided.
Probation related Rules adopted by the Ministry of Justice
There are several Rules adopted by the Ministry of Justice in regard establishment of Probation Ser-
vice and implementation of non-custodial sanctions. These are:
 Decision on approval of the Charter on Probation Service of the Ministry of Justice, adopted
on 27.12.2017;
 Decision on approval of the Rules on Probationary control over the conditionally imprisoned,
conditionally released from serving prison term, or postponed sentenced persons, adopted on
24.04.2018;
 Decision on approval of the Rules on execution of sentence in a form of correctional works,
adopted on 24.04.2018;
 Decision on approval of the Rules on execution of sentence and administrative offences in a
form of public works, adopted on 24.04.2018;
 Decision on approval of the Rules on execution of sentence in a form of Restriction of freedom,
adopted on 24.04.2018.
According to the Regulation of the Cabinet of Ministers on Determining the types of public works and
places where such works will be conducted by the individuals sentenced to public works and sub-
jected to administrative sanctions in the form of public works, these persons may be involved in the
following public works:
 renovation and cleaning of city, district areas, streets, parks and squares, roads (including
landscaping, elimination of consequences of snow and rain);
 collection, classification, transportation, placement, processing, use, utilization, neutralization
and burial of the domestic wastes (things, substances, materials and wastes that appear as a
result of the population’s life);
 construction and repair of the residential areas, hospitals, schools, pre-school educational in-
stitutions, hostels and boarding schools, social service enterprises, as well as other social
facilities;
 provision of assistance to agricultural enterprises;
 elimination of consequences of natural disasters;
 other socially useful works.
14
Article by Ramil Iskandarli Azerbaijani President initiated fundamental changes to criminal justice system” – Report News
Agency. https://report.az/en/analytics/meqaleazerbaijani-president-initiated-fundamental-changes-to-criminal-justice-sys-
tem-article/

According to the rules, the appropriate places where persons sentenced to public works and those
subjected to administrative sanctions may be involved in public works at the enterprises which are
not directly subordinated to the local executive authority must be determined only with the consent
and appeal of the latter15
.
As a result of the actions taken by the Government for the implementation of the Presidential Order
and the adopted legal amendments, there was a reduction in the sentence in the form of deprivation
of liberty, envisaged by sanction for 36 crimes. In 52 cases, charges were dropped on conditions of
reconciliation with victims, compensation for damages, and payment to the state budget (one- or two-
fold of the cost of the damage caused). Upon the imposition of the new regulations, the cases involv-
ing 6,000 people were considered in courts from December 1, 2017 to May 30, 2018. Over the past
year, the number of prisoners in Azerbaijan dropped by 24 percent compared to previous years and
the number of motions for extending the term of arrest fell by 33 percent.16
15
Musa Humbatov, Deputy Head of the Probation Service of the Azerbaijan Republic Ministry of Justice
Article. Organization of execution of criminal and administrative punishment in the form of public works in the Republic
of Azerbaijan
16
APA News Agency: MP: 618 convicts released from unserved part of prison sentence in Azerbaijan over last six months
– EXCLUSIVE. http://en.apa.az/azerbaijan-politics/domestic-news/mp-618-convicts-released-from-unserved-part-of-
prison-sentence-in-azerbaijan-over-last-six-months-exclusive.html

3.4 Statistical data
For the purpose of the Report, the crime statistic available at the web site of the State Statistical
Committee of the Republic of Azerbaijan has been reviewed and studied. The statistic provides data
for the period starting from 1993 until 2016 year.
The contemporary situation and trends regarding the type of punishments applied by the courts might
be derived from 5 years period covering 2012 until 2016 year. The table 1. bellow shows the main
measures of punishments applied to convicts for the chosen five years’ period.
Table 1 Main measures of punishment applied to convicts17
Main measures of punishment applied to convicts
2012 2013 2014 2015 2016
Convicts - total, person 12 938 12 980 13 342 13 270 13 758
confined for specified time 6522 6916 7347 7826 7918
correctional works 2014 2168 1972 1818 1836
conditional sentence 1171 1147 1293 1102 1141
fines 2751 2295 2408 2283 2606
other types of punishment 480 454 322 241 267
The data shows almost constant number of convicts that has been punished by the Courts - around
13 000 people every year. At the same time, the trend of people confined for a specified time is going
higher – from 6 522 in 2012 to 7 908 in 2016 - while the trend of people sentenced to financial penalty
is almost constant and even lowering till 2015. The number of people sentenced to financial penalty
decreases from 2 751 in year 2011 to 2 283 in year 2015. In 2016 the number of people sentenced
to financial penalty almost reaches the same number as in year 2012. Although the number of people
sentenced to correctional works for the five years’ period is around 2 000 each year, in 2015 their
number is the lowest – 1 818. At the same time for the analyzed period every year around 1 100
convicts have been sentenced conditionally. The trend of persons sentenced to other type of punish-
ments is also downwards – from 480 in 2012 to 267 in 2016. See Fig.1 bellow.
17
Source: http://www.stat.gov.az/source/crimes/en/009_5en.xls

Figure 1 Main measures of punishment applied to convicts
The table below provides information about the distribution of the convicts deprived of liberty by length
of sentence for the period 2007 until 2016 year.
Table 2 Distribution of convicts deprived of liberty by length of sentence18
The biggest share is of the convicts deprived of liberty for the period up to two years. The next one is
of the convicts deprived of liberty from two to five years. The trend shows that from 2007 until 2009
the convicts deprived of liberty from two to five years outnumbers the convicts deprived of liberty up
to two years. Starting from 2010, the trend is turning and the convicts deprived of liberty up to two
18
Source: http://www.stat.gov.az/source/crimes/indexen.php
1 000
2 000
3 000
4 000
5 000
6 000
7 000
8 000
9 000
10 000
11 000
12 000
13 000
14 000
2012 2013 2014 2015 2016
Main measures of punishment applied to
convicts
Convicts - total, person confined for specified time correctional works
conditional sentence fines other types of punishment
Distribution of convicts deprived of liberty by length of sentence
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
up to 2 years 2101 1960 2100 2516 2516 2670 2920 3200 3510 3463
from 2 to 5 years 2391 2505 2829 2415 2313 2344 2339 2428 2483 2517
from 5 to 10 years 975 1066 1061 1082 1032 1127 1163 1389 1378 1474
from 10 to 15 years 338 317 360 381 360 381 494 330 455 454
Life imprisonment 18 9 12 15 4 9 15 13 4 10

years outnumbered significantly the convicts deprived of liberty from two to five years. See Fig. 2
below.
Figure 2 Distribution of convicts deprived of liberty by length of sentence
On the other hand the structure of convicts in percent reveals that although lowering from 68.5 % in
2007 to 61 % in 2016 the trend of the able bodied, unemployed and uneducated sentenced offenders
is constantly above 60 % and represents the biggest share of convicts. This type of offenders has
particular needs and their low social status makes the rehabilitation efforts of the offenders’ manage-
ment personal more time consuming and reveals the need for inclusion of other public organizations
in the reintegration process. The share of the persons sentenced earlier although not so high reveals
another group of offenders having constant criminal behavior and habits that also makes the rehabil-
itation efforts of the offenders’ management personal more difficult and acquires special skills while
managing such type of offenders.
Figure 3 Structure of convicts (in percent)
0
500
1000
1500
2000
2500
3000
3500
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Distribution of convicts deprived of liberty by length of
sentence
up to 2 years from 2 to 5 years
4.3 7.9 6.5 9.3 10.9
2.9
12.2
15.9 17.6 16.0
68.5 68.7 69.5 68.1 69.8 68.4 66.3 65.3 62.4 61.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
70.0
75.0
80.0
85.0
90.0
95.0
100.0
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Structure of convicts (in percent)
persons sentenced earlier able-bodied unemployed and uneducated persons

4 The professionals’ views on offenders’
management
The respondents expressed their opinion on general issues of the development in the criminal justice
system, its specific components, as well as views on the current situation and perspectives on of-
fender management issues in the form of structured interviews and written questionnaires. Below their
key findings are summarized according to the most important agencies and bodies that have functions
in regard offenders’ management. The key findings includes and the possible issues that might be
addressed in order to improve further the process of managing the offenders to achieve better social
inclusion and prevention of society from further criminal activity.
Penitentiary service
Penitentiary service carries out maintenance and custody of detainees or life-sentenced persons in
accordance with the Code of Execution of Penalties and Internal Regulations.
The mandate of the service is within the legal framework and conforms to the international standards.
However, not all the issues necessary for correction of prisoners have been fully resolved. Although,
some of the prisoners have access to work in separate facilities there are still certain problems related
with labor and education issues, which are important elements of the correction process.
Along with amendments to the Code of Execution of Penalties on prisoners' meeting, telephone con-
versations, efficient labour and living conditions, leisure time arrangements and other extensive rights,
as well as amendments providing the visits of the Commissioner and the National Preventive Group
and appeals addressed to them, internal disciplinary rules of the penitentiary institutions were ap-
proved. These amendments have been applied to all convicts who have been convicted of various
regimes.
In addition to adopting a special law on "Ensuring the rights and freedoms of persons detained in
places of detention", “Internal disciplinary rules of temporary detention facilities and investigation iso-
lators” have been approved. These rules regulate provision of the rights of suspects and accused
persons, their acceptance, registration, placement in the cells, provision of health and safety, conduc-
tion of personal search, daily ride, and material and everyday life support issues.
There are mainly three mechanisms to prevent the law violations committed by prisoners or against
the prisoners at the places of detention. These are:
 Administrative control: Prisons’ Inspectorate at Ministry of Justice controls implementation of
the legislation on execution of penalties.
 Control by International Organizations - Azerbaijan joined the Council of Europe Convention
on Prevention of Torture and its monitoring body has the right to access all detention institu-
tions, including penitentiary institutions without barriers and notifications. The Government of
Azerbaijan also joined the UN Convention against Torture and its Optional Protocol and es-
tablished a National Preventive Mechanism. The right of the OHCHR sub-committee experts
to access the places of deprivation of liberty without notice and notification was ensured.
 Public control - Since 2006, the Public Committee consisting of specialized NGOs is operating
at the Ministry of Justice. Members of the Public Committee periodically renewing the compo-
sition have the authority to access the Penalty Institutions of the Penitentiary Service without

obstacles and prior notice, to examine any place, hold confidential conversations with prison-
ers, and to participate in rehabilitation processes. The Public Committee is also represented
in the Commission on Conditional Release of Prisoners.
The existing infrastructure meets the minimal European prisons standards. At the same time, the
process of modernization of the infrastructure, including detention facilities and technical equipment,
continues. Several penitentiary complexes have been established in the country and the process
continues within the framework of the state program on the given area.
The Penitentiary Service and the Chief Medical Department are responsible and accountable to the
relevant authorities.
There is a need for periodic training of staff as this relates to the change of the Penitentiary service,
and the change of political will. The international practice should be widely used, the Public Committee
is a tool but other means should be explored and used.
From the point of view of protecting the rights of prisoners, both the legislative basis and the practice
operate normally. However, there are certain problems in terms of prisoners' rehabilitation. The law
of the Republic of Azerbaijan on the social adaptation of persons released from penal institutions is
not fully functional. Certain preparations at the state level and securing of finance are necessary for
the proper functioning of the law.
As noted in the Presidential Order, there is a great need for the modernization and improvement of
the penitentiary facilities. Along with this, strengthening the detention conditions of prisoners and de-
tainees, as well as food, medical, sanitation and material security will also enable the establishment
of penitentiary services and generally, the activities related to the execution of penalties in full com-
pliance with the requirements of the modern era and organization of effective management.
According to the article by the Ombudsman, necessary measures should be taken for formation of
the highly professional staff of the penitentiary service, making appointments to positions more prompt
and quick, development of knowledge, skills and practical capacity of employees, as well as strength-
ening their social protection. Strengthening of control and social protection in this direction will also
prevent corruption elements.
Probation Service
The Probation Service implements all non-custodial sanctions including the restriction of freedom and
the electronic monitoring of the offenders.
There is legal base for the proper functioning of the service and a comprehensive action plan for the
development of the newly created Probation Service. The adopted legislation meets the international
standards in the field of non-custodial sanctions and probation rules. Nevertheless, one of the main
problems is the lack of mechanisms for adaptation and rehabilitation of the offenders. In order to have
this in practise there is a need to either have the compulsory rehabilitation sanction in the decision of
the Judges or direct reference in the future Law on Probation.
The Probation Service has department offices in Ganja and Sumgayit. In other regions Probation
officers has a double reporting system. They must report to the Bailiffs’ Department of the Ministry of
Justice and to the Probation Service. The Regional Justice Departments are supervising the activities
of Bailiffs’ and Probation Services.
In April 10, 2018, the Cabinet of Ministers adopted decision on the Approval of the Rules on the list
of the Electronic monitoring means and its usage in regards the convicted and detained persons. For

the moment, the electronic monitoring is applied to a few offenders under probation. Electronic mon-
itoring centre is operational and situated at the premises of the headquarters of Probation Service in
Baku. It is fully equipped with modern technique and probation specialist are following the offenders
under electronic monitoring.
Judges do not yet use widely the practice of applying an electronic monitoring as a means of punish-
ment in regard offenders. They need some training on it. The training is going within the Academy of
Justice for judges who will get information that is more comprehensive on probation issues.
The issue of the lack of the staff at the newly created Probation service should be highlighted. In-
creasing of the staff can lead to the increase of the effectiveness of the services provided by Probation
office, such as correction and rehabilitation of the offenders. The current situation is that only existing
bailiff officers can deal with supervision of offenders, while they have to do their ordinary daily work
as well in addition to probation work. They need a specialized bailiff officers, dealing with probation.
The issue of capacity building of probation officers is very acute in Azerbaijan. Probation officers
periodically have some trainings on restriction of freedom or other issues. In this regard the Probation
service also needs capacity building in IT programming, electronic monitoring development and other
IT related specific issues. It is important to have a certification (kind of a licensing) as a result of the
capacity building training, so the participants of the training are qualified for staff in the Probation
Service.
There is a need for a thorough study of the international experience and experience of the advanced
countries in application and implementation of alternative sanctions including public works. Exploring
international practices is necessary in order to improve the practical implementation of probation ac-
tivities in Azerbaijan.
In some cases, Probation officer is facing problems on applying the probation measure to conditionally
released persons. Some offenders lost the right to the place of residence during serving the sentence
in prison. After release, they cannot be provided with the job in the place of residence as they do not
have that residence any more. The inter-agency electronic information exchange should be provided
between Penitentiary and Probation office. The information sharing about the offender can effectively
impact for identifying the future work with the offender under probation.
Offenders have problems with paying the fines. According to the legislation, they cannot pay in several
instalments. However, Russian legislation allows offenders to pay in parts. There is a need in chang-
ing the legislation concerning the issue of the paying fines. New procedures should be adopted, which
can make possible for the offender to pay fine in several instalments, not in once.
Another problem is the background of person who executes public works. For example, in Russia a
person with bad criminal records cannot have a public works as a means of punishment. Decision on
restriction of freedom can be made only by courts. However, in other countries, the probation officer
also can apply these methods in regard the offender.
Unfortunately, the criminal justice legislation does not envisage the use of the pre-sentence report.
For example, in the practice of the UK legal system with a view to assisting the court in determining
the most suitable method of dealing with an offender, the pre-sentence report containing information
on offender is made or submitted by a probation officer. The court is required to obtain a Pre-Sentence
Report prepared by the Probation Service before imposing a custodial or community sentence. The
following issues need to be covered by the pre-sentence report: the offender's version of the offense,
previous criminal history; family history, level of education; previous and current substance abuse and

mental health treatment, previous and current counselling for anger or violence, employment history,
financial status, physical health and medical history, military history.
Some problem exists in the practise of application of public works. In accordance to the decision of
the Cabinet of Ministers, the local Executive Commissions provides the Probation Service with the list
of available places for public work. However, there is a problem regarding the supervision of the
offender executing public works after 18:00?. Technical infrastructure for organization of the public
works should be strengthened and local executive authorities should bear responsibility for this type
of activity. Rehabilitation work with offenders should be structured and all relevant stakeholders and
external experts should be involved in reintegration of offender into society.
According to the legislation, the offender executes the sanction corrective works at the place of his
current work. However, offenders do not have a Tax ID, so Probation officers additionally deal with
this type of problems of offenders (such as to assist legally to obtain Tax ID).
Strengthening cooperation with business units is also important, especially with those who operates
in the regions of Azerbaijan. This will grant possibility the offender to receive a job offered by local
companies while serving under the probation sentence period.
For the Probation agency is very important the support from international organizations, such as EU,
UNICEF and others to continue as well as to increase the level of cooperation with the NGOs. In
regard cooperation with the NGOs, their role is to provide trainings for offenders under probation
service on different issues of rehabilitation and integration into the society. Since the Probation service
is new, it needs help and advice on choosing the NGO partners for cooperation. One option is to build
partnership with the NGOs members of the Public Committee under the Ministry of Justice that have
an experience in working with offenders.
National Preventive Group of Ombudsman
Azerbaijan acceded to the Optional Protocol to the Convention of All forms of Torture and Ill-treatment
(OPCAT) in 2005 and it entered into force in 2009. The main requirement of the OPCAT was to
establish a system of regular visits undertaken by independent international and national bodies to
places of detention in order to prevent torture. The National Preventive Mechanism (NPM), called for
in the OPCAT, was established in Azerbaijan in 2012. This mechanism has wide-ranging powers to
visit places of detention where persons are deprived of their liberty. In Azerbaijan, this gives the NPM
24 hours/7 days access to 240 closed facilities.
NPG stressed the importance of the extension of the staff of the Probation office in to order to ensure
the effectiveness of the work of Probation. It is necessary the Probation offices to function properly
as soon as possible, otherwise it will negatively affect to the decisions of the Courts on non-custodial
sanctions. It is good that probation office mainly uses the existing technical resources and capacities
of the Ministry of Justice (mainly the Bailiffs’ department) in order to fulfil its role and obligation. Pres-
idential decree is important in terms to extend the implementation in practice of non-custodial sanc-
tions, but the Probation office should be fully ready for this.
The increase of effectiveness of the training for offenders on getting professional skills is one of the
important elements in development of the offender management system.
Public Committee at the Ministry of Justice
The UN Human Rights Committee and the Committee against Torture have repeatedly pointed out
that the public participation in the penal execution system is a positive phenomenon in its overall
context. In this regard, the Public Committee at the Ministry of Justice is a positive practice in the
system of offender management in Azerbaijan. Although the Minister approves the composition of the

committee, it is an independent organization, there are no problems with monitoring the situation in
the penitentiary institutions and the Ministry of Justice always takes into consideration the results from
the monitoring.
Registration of convicts, electronic information system, exchange of information related to registered
persons with relevant authorities and organizations, making reports to the court about the offenders
evading execution of punishment, application of reprimand to prisoners, participation of non-govern-
mental organizations and volunteers are some of the instruments that might improve the activity of
the Probation Service.
It is important to make certain changes in the legislation, as for example, the probation only involves
the control and supervision of the offenders but it is not explicitly pointed out in the legal base the help
and support to them.

5 Conclusions
An increased use of alternatives to imprisonment has proven to reduce overcrowding in prisons and
the negative effects of imprisonment. Time spend in custodial institutions creates conditions for non-
dangerous offenders to make criminal contacts, to learn new criminal techniques and to plan new
criminal activities. In short, criminal identities are reinforced. Meanwhile imprisonment is an extremely
expensive sanction to manage. For these reasons, prison should be reserved as a place of last resort,
namely, when the offence is so grave and/or the offender is so dangerous that no other sanctions can
be used to prevent community.
Probation activities include control and monitoring of the offender’s behaviour in combination with
correctional treatment and support in order to find solutions of personal and social offender’s prob-
lems. For this reason, the probation services are seen as ‘social services within the penal system’.
Probation activities intend to reintegrate the offender within the local community, in order to prevent
re-offending and by that to protect the community and its members.
Since year 2000, probation services were established in Romania 2002, Hungry and Kosovo 2003,
Bulgaria, Latvia and Georgia 2005, Greece, Lithuania and Moldova 2007. Estonia established in 1998
its own probation service but from 2008 the probation system has been united with the system of
prisons and currently the four regional probation departments are in the structure of the three regional
prisons. Most recently, probation services were established in Albania and Croatia in 2009, Kazakh-
stan 2012. FYR of Macedonia, Serbia, Russia, and Ukraine also take actions to create a probation
service.
Analysis of the experience of foreign countries shows that due to sentencing to probation, each year
thousands of people getting alternative sanctions stay outside the penitentiary institutions, which
means that the state saves in terms of financial costs. For example, in Kazakhstan, the state spends
20 times more on detaining a prisoner in the penitentiary facilities than on a probationer. From this
point of view, establishment of the probation service is also an investment for the future. In some
countries, for example, in Georgia the probation agency also deals with rehabilitation and adaptation
of former prisoners. In this regard, establishment of the rehabilitation centres, coordination between
agencies and services are also important factors.
It is very important to underline that there is no fixed model for establishing of offenders’ management
system and probation service. Every country develops them in its own way according to its country
size, legal traditions, context, financial resources, social and cultural situation, public support and
understanding of the need for rehabilitation of convicts and social inclusion ex-offenders. It adopts its
own probation legislation considering the legal and administrative traditions, the economic situation,
the geographical distribution of law enforcement agencies, the perception of the society towards par-
ticular crimes. In this regard, the agencies and bodies that are managing offenders differ from country
to country and there is no fixed model for offenders’ management.
The figure bellow demonstrates the most widely spread type of agencies and bodies outside the crim-
inal justice system responsible for offenders’ management in Europe.

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