false, and no such person or organization shall be otherwise
prejudiced in any way.
2. Confidential information collected by the NPM shall be
privileged. No personal data shall be published without the
express consent of the person concerned.
As regards the compliance of the Commissioner’s mandate with the
requirements of the given article, it may be noted that complaints addressed by
persons held in penitentiary institutions, investigatory isolators or temporary
detention places shall be delivered to the Commissioner within 24 hours
without being subjected to any kind of censorship (Constitutional Law, Article
8.5).
In accordance with Article 15 of the Constitutional Law, the protection of
information constituting a state secret which has become known to the
Commissioner while performing his/her activities shall be carried out in
accordance with the Law of the Republic of Azerbaijan “On State Secrets”. No
data concerning personal and family life of applicants which have become
known to the Commissioner while investigating the circumstances indicated in
complaints are allowed to be made public without consent of those persons
(Constitutional Law, Article 9.5).
From the text of the referred articles of the Constitutional Law, as well as
other legal acts it is seen that no provision has been directly provided for the
prohibition of prosecutions for having communicated to the Commissioner any
information. Thus, it is necessary to amend the Constitutional Law
accordingly and take into account the requirements of Article 21.1 of the
OPCAT when toughening the responsibility provided by law for interfering
with the lawful activity of the Commissioner. Relevant proposal has been
submitted.
Article 22 of the OPCAT specifies:
The competent authorities of the State Party concerned shall examine the
recommendations of the NPM and enter into a dialogue with it on possible
implementation measures.
26
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