CHAPTER 2.
ACTIVITY OF THE NPM AND PREVENTIVE VISITS
2.1. The Organization of Preventive Visits
Evidently, conduction of regular preventive visits to places which
detained persons cannot leave on their own will is the key direction of the
NPM’s activity. Defining its priorities on performing duties the Azerbaijani
NPM also considers the OPCAT objectives13.
Thus, pursuant to the paragraph (a) of the Article 20 of the OPCAT in
order to enable the national preventive mechanisms to fulfill their mandate,
the State parties to the Protocol undertake to grant them with access to all
information concerning the number of persons deprived of their liberty in
places of detention as defined in Article 4, as well as the number of places
and their location.
Such information is received on the basis of motions of the
Commissioner to the related bodies and visits are conducted in accordance
with the annual plan prepared based on the information submitted by those
relevant bodies. If it is deemed necessary, at the end of the year, the
information is updated for the upcoming year through verification with the
corresponding bodies.
Within the activity of the NPM, all preventive visits undertaken are
conducted without making prior notice, which may be divided into two
groups: scheduled visits and ad-hoc visits.
2.1.1. Scheduled visits
The scheduled visits are conducted according to the annual schedule
approved by the Commissioner. The draft of the annual schedule is
discussed at the meeting attended by the NPG members, the outcomes are
drawn up to a report and accepted schedule is submitted to the
Commissioner for approval. Non-disclosure of a schedule is necessary for
effectiveness of the visits. Therefore, its confidentiality is ensured by the
NPG members.
The decision upon the succession of this or another institution included
in the visit, as well as on revisiting is made with consideration of such
factors as the specifications of the given institution, prior cases reported on
the detention conditions and treatment in the mentioned institution in
previous years, its location, as well as the information submitted to the NPG
as a result of an analysis of the complaints addressed to the Commissioner.
13
OPCAT, Article 20 ;
12