The main requirements as regards the mandate of the NPM have been
specified in Articles 18-23 of the OPCAT.
Article 18 of the OPCAT says:
1. The States Parties shall guarantee the functional independence of
the NPMs as well as the independence of their personnel.
2. The States Parties shall take the necessary measures to ensure
that the experts of the NPM have the required capabilities and
professional knowledge. They shall strive for a gender balance
and the adequate representation of ethnic and minority groups in
the country.
3. The States Parties undertake to make available the necessary
resources for the functioning of the NPMs.
4. When establishing NPMs, States Parties shall give due
consideration to the Principles relating to the status of national
institutions for the promotion and protection of human rights.
The guarantees for the independence of the Commissioner have been specified
in the Constitutional Law. In accordance with Article 5.1 of the Constitutional
Law, the Commissioner is independent and obeys only the Constitution and
laws of the Republic of Azerbaijan. Declaration of a state of emergency or
martial law does not cease or restrict the activities of the Commissioner
(Article 5.3).
As per the requirement of the Constitutional Law, the following guarantees are
provided for the independence of the Commissioner:
Irreplaceability
The Commissioner is elected for a period of 7 years and the same person may
hold the post of Commissioner not more than twice (Constitutional Law,
Articles 4.1, 4.2).
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