became an independent medical institution under the Ministry of Justice has
paved the way for more effective protection of detainees’ health and
prevention of torture and other ill-treatment.
The Commissioner for Human Rights (Ombudsman) of the Republic of
Azerbaijan, as an out-of-court legal protection mechanism, has also
contributed to more reliable protection of detainees’ rights. The institution,
that has attached particular importance to the protection of detainees’ rights
and satisfaction of their legitimate interests since its establishment, has
regularly monitored the establishments where detainees are held, arranged
meetings with detainees, got acquainted with the conditions of detention and
detainees’ complaints on-site, taken necessary measures based on received
appeals, put forth efforts to resolve this or other issues and eliminate existing
problems, and made recommendations to various governmental bodies. The
Commissioner’s numerous appeals for pardoning made as per the request of
convicts and their family members have been met.
Another momentum in the struggle against torture and ill-treatment in the
country has been the ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment on 02 December 2008. By the President’s Order of 13 January
2009, the Commissioner has been designated as an institution to perform the
national preventive mechanism (NPM) functions. Further on, the
Commissioner’s mandate has been expanded by amending the governing
Constitutional Law.
Over the past period, notwithstanding that the legislative and institutional
frameworks were not fully established, the NPM Group was created and it
organized its work in conformity with the requirements of the OPCAT and
international standards. Within a short time period regular visits were
conducted by the Group to all the places that fall under the jurisdiction of the
NPM and where persons are detained or may be detained without permission
to leave at will – temporary detention places, administrative detention places,
isolation centres, investigatory isolators, penitentiary institutions, prisons,
guardrooms, disciplinary units, psychiatric institutions, mental dispensaries,
boarding schools, etc., various proposals and recommendations were prepared
and submitted to respective bodies and most of them were satisfied.
4