as the institution to perform the functions of the NPM according to the
OPCAT.7
New and quite serious responsibilities undertaken by the Commissioner
specified more efficient and higher quality activities which resulted in the
expansion of her mandate, as well as staff’s competence. By making
additions and amendments to the Constitutional Law 8 the Commissioner’s
powers, as well as independence have been complied with the level of the
authority of the NPM as provided for by the OPCAT, also the NPG has been
created, as well as obligations, rights and guarantees of the NPG members
have been enacted to ensure the Commissioner’s activities as an NPM,
based on the principles of transparency.
According to the Constitutional Law, the Commissioner in fulfillment
their duties as the NPM, have the right to have access, at anytime, without
hindrance and prior notification, to police stations, temporary detention
places (TDPs), investigation isolators (II), penitentiary facilities, military
detention places, psychiatric institutions and other places where detainees
are not permitted to leave at will, meet and interview detained person, as
well as any other persons who may provide relevant information, in private
or when deemed necessary with participation of a specialist or interpreter;
get acquainted with and obtain copies of all documents confirming the
lawfulness of detention, as well as relating to treatment of detainees or
detention conditions; draw up acts, and minutes to document the flow and
results of undertaken actions.9
The Commissioner’s right to make
recommendations to relevant authorities and receive responses to those
recommendations within the specified time limit has also been stipulated in
the aforementioned law.10
Within a last year, legislative acts were amended, as well as the
provisions specifying the Commissioner’s and NPG’s aforementioned
powers were incorporated into the relevant normative legal acts to ensure
the NPM’s smooth operation.11
7
Law of the Republic of Azerbaijan on Ensuring the Imp lementation of the Optional
Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (13.01.2009, № 112)
8
Constitutional Law on the Commissioner for Human Rights (Ombudsman) of the
Republic of Azerbaijan, (24.06.2011, № 163-IVKQD)
9
Constitutional Law, Article12.2.1; 18-1.2.1
10
Constitutional Law, Article 12.2.1
11
Law of the Republic of Azerbaijan on Making Amendments to the Execution
Punishment Code (20.04.2012, № 324-IVQD); the Law of the Republic of Azerbaijan on
Making amendments to the Law on Psychiatric Care (20.04.2012, № 325-IVQD); The Law
on Making Amendments to Annex 4 of the Regulations of the Garrisons and Guard
Services of the Armed Forces of the Republic of Azerbaijan which was confirmed by Law
9