closed institutions). These institutions are not mentioned when enumerating
the establishments which the Commissioner should be given an access to
without hindrance and prior notification, etc. as specified in Article 12.2.1 of
the Constitutional Law. It has therefore been suggested to amend the norm
accordingly and make other necessary changes in line with the requirements of
Article 20 of the OPCAT.
As regards Article 20 subparagraph “f” of the OPCAT, it should be
mentioned that the Commissioner establishes relationships and collaborates
with various international organizations in line with the directions of her
activity. The Commissioner has become a member of the European
Ombudsman Institute, the International Ombudsman Institute, and the Asian
Ombudsman Association and successfully functions within those institutions.
The accreditation of the Commissioner with the highest “A” status has resulted
in the expansion of international relations and entitled her to independently
participate in the activities of the UN Human Rights Council and make
recommendations, express her opinion in respect of reports prepared by the
government for submitting to the UN treaty bodies, prepare parallel reports
and monitor the implementation of treaties. Taking into consideration the
importance of the organization of collaboration with international
organizations in the field of torture prevention, as well as experience sharing
with the NPMs of foreign countries at a high level, it is planned to entrust this
work to the department to be established in the Office.
Notwithstanding the above mentioned, it should be noted that the
Constitutional Law does not contain any provisions requiring the
Commissioner to establish international relationships, which makes it
necessary to amend the law accordingly, so the relevant proposal has been
submitted.
Article 21 of the OPCAT specifies:
1. No authority or official shall order, apply, permit or tolerate any
sanction against any person or organization for having
communicated to the NPM any information, whether true or
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