- to submit proposals and observations concerning existing and draft
legislation.3
In order to enable the national preventive mechanisms to fulfil 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 as the institution to perform the
functions of the NPM according to the OPCAT.7
The Commissioner’s special attention to the prevention of and combat
against torture, organization of preventive measures, as well as awareness raising
activities has served as the foundation for the NPM’s work, and this institute’s
reputation of being independent, impartial and an “A” category national human
rights institute in accordance with the “Paris Principles” was one of the factors
grounding its designation as the NPM.
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
7
The Law of the Republic of Azerbaijan on Ensuring the Implementation of the
Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (13.01.2009, № 112)
8