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 56

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