Moreover, it should be mentioned that in accordance with Article 14.3 of
the Constitutional Law, the Commissioner’s general views, comments and
recommendations concerning the observance and protection of human rights
are reflected in his/her annual reports. No later than 2 months after the end of
each year the Commissioner submits to the President of the Republic of
Azerbaijan an annual report on the protection of human rights in the country
and speaks with that report before the Milli Mejlis (Parliament) of the
Republic of Azerbaijan (Constitutional Law, Article 14.1). The report is
submitted to the Cabinet of Ministers of the Republic of Azerbaijan, the
Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the
Republic of Azerbaijan and the Prosecutor General of the Republic of
Azerbaijan (Constitutional Law, Article 14.4).
As regards the submission of proposals and recommendations to relevant
authorities by the Commissioner, it should be particularly stressed that she
groups and analyzes received complaints and based on the information
obtained as a result of the analysis, addresses her proposals for the
improvement of the national legislation, as well as carrying out institutional
reforms to the Milli Majlis (Parliament) of the Republic of Azerbaijan and
other governmental bodies and contributes to the acceleration of the accession
to and ratification of various international conventions and protocols by the
Government of Azerbaijan.
However, notwithstanding the above mentioned, it should be noted that the
Constitutional Law does not directly specify the Commissioner’s right to make
recommendations to this or another governmental body. It is therefore
advisable to amend the law accordingly.
The Commissioner’s rights with respect to the investigation of received
complaints are specified in Article 12 of the Constitutional Law. In accordance
with Article 12.2, while investigating the circumstances indicated in a
complaint about human rights violation, the Commissioner has the rights to:
- access, without hindrance and prior notification, to any
governmental and municipal bodies, military units, penitentiary
institutions, investigatory isolators, temporary detention places;
meet and interview in private the persons detained in penitentiary
institutions, investigatory isolators, temporary detention places;
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