Committee on the Rights of the Child
Fifty-ninth session
16 January -3 February 2012
Optional Protocol on the sale of children, child prostitution and child pornography
List of issues concerning additional and updated information related to the initial report of Azerbaijan (CRC/C/OPSC/AZE/1)
The State party is requested to submit additional, updated information in writing, and not exceeding 15 pages, if possible before 1 October 2011.
The Committee may take up all aspects of children’s rights contained in the Optional Protocol during the dialogue with the State Party.
1.Please provide statistical data (disaggregated by sex, age, urban and rural residence, and ethnic origin) for 2008, 2009 and 2010 on the number of:
(a)Reports of sales of children, child prostitution and child pornography; the number of cases prosecuted and the outcome of these cases and sanctions for perpetrators;
(b)Children trafficked from or through Azerbaijan and children trafficked within the country for the purpose of sale, prostitution or pornography as defined in article 3, paragraph 1, of the Optional Protocol as well as the number of cases prosecuted and the outcome of these cases and sanctions for perpetrators;
(c)Child victims who have been provided with assistance for recovery, reintegration and compensation, in accordance with article 9, paragraphs 3 and 4, of the Optional Protocol.
2.Please provide information on the steps taken to fully harmonize domestic legislation with the Optional Protocol, namely to explicitly define and criminalize the sale of children, child pornography and the means by which children are involved in prostitution in accordance with article 2 (a), (b) and (c) of the Optional Protocol. Please also clarify whether domestic laws criminalize the transfer of organs of the child for profit as defined in article 3, paragraph 1 (i ), of the Optional Protocol and improperly inducing consent for the adoption of the child under article 3, paragraph 1 (i ), of the Optional Protocol.
3.In addition to the information provided in paragraph 6 of the annex to the State party report regarding the establishment of the Agency to Fight Human Trafficking, please inform the Committee as to whether there are plans to establish an entity responsible for the overall coordination of activities under the Optional Protocol.
4.Please indicate which activities have been conducted to raise awareness among the general public to report offences under the Optional Protocol and to train all relevant professional groups working with and for children and among children themselves about the offences under the Optional Protocol.
5.Please provide information on budgetary resources specifically allocated to implementation of the Optional Protocol.
6.Please clarify whether mechanisms to identify, detect and monitor children at risk of, and victims of, sale, prostitution and pornography are in place in the State party.
7.Please clarify whether the Optional Protocol can be used as a legal basis for extradition of an alleged offender without the condition of the existence of a bilateral treaty. Are there any plans to include the offences referred to in the Optional Protocol in article 12.3 of the Criminal Code on extraterritorial jurisdiction for international crimes?
8.In light of article 7 of the Optional Protocol, please clarify whether domestic legislation provides for the seizure and confiscation of goods used to commit or facilitate offences under the Optional Protocol as well as the proceeds derived from such offences.
9.Please provide detailed information on the measures taken to provide assistance, care, shelter and compensation to victims of offences under the Optional Protocol, in accordance with article 9, paragraph 3, as well as on the existing procedures to protect child victims and witnesses.