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 Law8 the Commissioner’s
powers and independence have been complied with the level of the authority
of the NPM as provided for by the OPCAT, also the National Preventive
Group (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 the NPM, based on the principles of transparency.
According to the Constitutional Law, the Commissioner in fulfillment
the duties as the NPM, has 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
legality of detention, as well as relating to treatment of them 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 previous period, the legislative acts were improved, 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 effcient operation.11
8
The Constitutional Law on the Commissioner for Human Rights (Ombudsman) of the
Republic of Azerbaijan, (24.06.2011, № 163-IVKQD)
9
The Constitutional Law, Article12.2.1; 18-1.2.1
The 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 No 886 of
23 September 1994. (20.04. 2012); № 326-IVQD); The Decision of the Cabinet of
Ministers of the Republic of Azerbaijan on Making Amendments to “The Sample
Regulations of Open and Closed Special Correctional Institutions approved by Decision No
65 of the Cabinet of Ministers dated 13 May 2003” (04.07.2012, № 148); The Decision of
the Plenary Board of the Ministry of Justice of the Republic of Azerbaijan on “Making
Amendments to the Internal Disciplinary Rules of Penitentiary Institutions approved by
Decision No. 7 of 29 December 2011 of the Plenary Board of the Ministry of Justice”
(13.07.2012, № 3-N); The Law of the Republic of Azerbaijan on the rights and freedoms of
10
9