b) To make recommendations to the relevant authorities with the
aim of improving the treatment and the conditions of the persons
deprived of their liberty and to prevent torture, taking into
consideration the relevant norms of the United Nations;
c) To submit proposals and observations concerning existing or
draft legislation.
Article 20 of the OPCAT specifies:
In order to enable the NPMs to fulfil their mandate, the States Parties of the
OPCAT undertake to grant them:
a) Access to all information concerning the number of persons
deprived of their liberty in places of detention, as well as the
number of places and their location;
b) Access to all information referring to the treatment of those
persons as well as their conditions of detention;
c) Access to all places of detention and their installations and
facilities;
d) The opportunity to have private interviews with the persons
deprived of their liberty without witnesses, either personally or
with a translator if deemed necessary, as well as with any other
person who the NPM believes may supply relevant information;
e) The liberty to choose the places they want to visit and the persons
they want to interview;
f) The right to have contacts with the Subcommittee on Prevention,
to send it information and to meet with it.
The powers of the Commissioner have been specified primarily in Articles
1, 12 and 13 of the Constitutional Law. In accordance with Article 1.5 of the
Constitutional Law, the Commissioner may submit proposals to the Milli
Majlis (Parliament) of the Republic of Azerbaijan with regard to the adoption
or review of laws with a view to securing human rights and freedoms, as well
as declaration of amnesty. The Commissioner may also submit proposals to
the President of the Republic of Azerbaijan with regard to granting pardon,
citizenship and political asylum.
21
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