- - - - submit proposals to relevant bodies for instituting disciplinary proceedings in respect of an official whose decision or act (omission) has violated human rights; inform mass media of the results of the investigation conducted in respect of human rights violations; apply to the President of the Republic of Azerbaijan or hold a speech before the Milli Mejlis of the Republic of Azerbaijan in case the violation of human rights assumes special public importance and the leverages available to the Commissioner are not sufficient to restore those rights. apply to court for the restoration of the rights violated as a result of a decision or act (omission) of a governmental or municipal body, or an official; apply to the Constitutional Court of the Republic of Azerbaijan in case the rights of a person are violated by the legal acts in force. From the text of Article 12.2 of the Constitutional Law it is seen that the Commissioner’s power has been significantly restricted by adding the expression of “while investigating the circumstances indicated in a complaint about human rights violation” to the norm. Thus, according to the substance of that expression, the Commissioner may use the established rights only in case of investigating this or another complaint, which is not in line with the functions of the NPM. The same presumption may be similarly applied to Article 13.2. And according to the OPCAT, the philosophy of the work of the NPM is expressed in undertaking regular visits to the institutions where persons deprived of their liberty are or may be detained, and Article 4 of the OPCAT clearly declares that each state shall allow visits by the mentioned mechanisms to any place under where persons are or may be deprived of their liberty. Bearing the above mentioned in mind, it has been suggested that Articles 12 and 13 of the Constitutional Law are amended accordingly. Based on the requirements of the OPCAT and the experience gathered over the period of activity it should be emphasized that the NPM should also focus on other places which detainees can not leave at will (special boarding schools, psychiatric institutions, child homes, homes for the elderly which are 24

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