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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
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