- to regularly examine the treatment of the persons deprived of their
liberty in places of detention; - 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 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, the treatment of those persons, their
condition of detention, the number of places of detention 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. 6 The 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
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)
4
8