in the Office to ensure that the NPM functions at full capacity and relevant
documents have been drafted. Simultaneously, the Commissioner’s mandate
has been analyzed in the light of the OPCAT and in order to eliminate the
revealed shortcomings, proposed additions and amendments to the
Constitutional Law, as well as proposals for amending the CAO have been
drafted based on the relevant best practices, including the information obtained
through the analysis of the relevant experiences of the Republics of Poland,
Moldova and Georgia and sent to the respective bodies.
Moreover, the international and national aspects of how the issues related
to the prevention of torture should be specified in the legislation, the notion of
torture pursuant to the provisions of the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, and its
indicators have been analyzed, as well as consultations have been held with
the Office of the Prosecutor General of the Republic of Azerbaijan, MIA and
other relevant bodies and targeted proposals have been made. As mentioned in
previous sections, the relevant draft has already been submitted to the
respective bodies by the Office of the Prosecutor General of the Republic of
Azerbaijan.
Along with the above mentioned, it should also be mentioned that the Law
of the Republic of Azerbaijan “On Psychiatric Care” of 19 April 2002 has
been initially analyzed referring to the Principles for the Protection of Persons
with Mental Illness and the Improvement of Mental Health Care adopted by
UN General Assembly resolution 46/119 of 17 December 1991 and proposals
have been prepared for making additions and amendments in 23 directions. It
is planned to send the proposals to the respective bodies after relevant
consultations.
When speaking about the proposals and recommendations made by the
Commissioner for the improvement of the legislation, her appeal to the Milli
Majlis of the Republic of Azerbaijan for the acceleration of the adoption of the
law, that will provide for the legal regulation of detention of suspected and
accused persons at the legislative level, should also be mentioned. The
Commissioner has noted in her appeal that though a long period of time has
passed, still there are some important issues that have not been specified at the
legislative level. Thus, the functioning of the institutions where suspected and
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