CHAPTER 3.
Legal Analysis
One of the directions of activity of Ombudsman as an NPM of
Azerbaijan is legal analysis of the information obtained in the process of
preventive visits and legal awareness events. The theoretical-practical
analyze of undertaken activity, as well as of gathered information on this
activity, also of received recommendations, or draft legislative acts,
summarization of obtained results is carried out in the legal analysis
process.
Article 19 of the OPCAT enshrines the right of the NPM to submit
proposals and observations with regard existing or draft legislation.
Efficient organization of legal analysis in 2017 year as well was one of
the main standing tasks within the frames of the Commissioner’s activity as
the NPM. As in previous years, in 2017 as well, the recommendations and
proposals were worked out for improvement the results of activities realized
for ensuring the prevention of torture and existing normative legal base.
Alongside with the reception of persons deprived of liberty during the
visits and complaints addressed to the Commissioner, the applications
received by the 24/7 Hot-Line on illegal detention in the police and torture
are the sources of information for legal analysis.
In 2017, significant actions were taken in relation to elimination of
compactness in prisons, inflicting of penalties and avoidance of the practice
of isolation of individuals from the society, which are among the key issues
specified in the NPG reports of previous years.
On February 10, 2017, the country’s President signed the Executive
Order on Improving of Penitentiary Work, Humanizing of Penalty Policies
Expansion of Application of Alternative Penalties Procedural Obligatory
Actions Other Than Isolation from Society.
Executive Order was a new stage in terms of sustainability of reforms
for an effective guarantee of human rights.
Being comprehensive in its nature, this document contains the
fundamental principles of human rights and freedoms, and strategic, new
and comprehensive approaches and significant changes and cooperation in
terms of guarantee of the right to freedom. This approach stipulates
acceptance of personal dignities as a social value by the government and
liability of everyone before the society and other persons in terms of
guarantee of the rights and freedoms, and unacceptability of interference in
the right to freedom. Covering the rights of arrested or imprisoned persons
in terms of extension of human rights and freedoms, the reforms made
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