- to make recommendations to the relevant authorities with the aim of
improving the treatment and the conditions of the persons deprived of their
liberty and to prevent torture, taking into consideration the relevant norms
of the United Nations;
- to submit proposals and observations concerning existing and draft
legislation.3
In order to enable the national preventive mechanisms to efficiently
fulfill their mandate, the State Parties shall guarantee the functional
independence of the national preventive mechanisms as well as the
independence of their personnel.4
The OPCAT also recognizes the following rights for the NPMs:
-Access to all information concerning the number of persons deprived of
their liberty in places of detention, treatment of those persons as well as
their conditions of detention, the number of places and their location;
-Access to all places of detention;
-The opportunity to have private interviews with the persons deprived of
their liberty without witnesses, as well as with any other person who may
supply relevant information;
-The liberty to choose the places they want to visit and the persons they
want to interview;
-The right to have contacts with the Subcommittee on Prevention, to
send information and to meet with its representatives.5
1.2. National legislation
The OPCAT was acceded by the Republic of Azerbaijan on 15
September 2005 and ratified by the Law of 2 December 2008.6The OPCAT
entered into force in the Republic of Azerbaijan by the publication of the
aforementioned law on 15 January 2009. On the same date the President of
the Republic of Azerbaijan issued a Decree designating the Commissioner
as the institution to perform the functions of the NPM according to the
OPCAT7.
3
OPCAT, Article 19;
OPCAT, Article 18(1);
5
OPCAT, Article 20;
6
The Law of the Republic of Azerbaijan on Approval of the Optional Protocol to the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (02.12.2008, № 724-IIIQD);
7
Law of the Republic of Azerbaijan on Ensuring the Implementation of the Optional
Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (13.01.2009, № 112);
4
8