Article 23 of the OPCAT specifies that the States Parties to the OPCAT
undertake to publish and disseminate the annual reports of the NPMs.
In accordance with Article 14.5 of the Constitutional Law
the annual
reports of the Commissioner shall be promulgated in public publications.
Thus, as a result of the analysis of the Commissioner’s mandate in the
context of the requirements of the OPCAT, it has been determined that it
partially complies with the OPCAT and it is necessary to amend the law
accordingly to enable the Commissioner to function as a fully empowered
NPM.
Meanwhile, it should be noted that the works aimed at the improvement of
the legislation have already started. Thus, on 21 December 2010 the
Constitutional Law of the Republic of Azerbaijan “On Making Additions and
Amendments to the Constitutional Law of the Republic of Azerbaijan on the
Commissioner for Human Rights (Ombudsman) of the Republic of
Azerbaijan” passed its first reading in the Milli Majlis (Parliament) of the
Republic of Azerbaijan. The law will enter into force after having passed revoting in 6 months and being approved by the country president.
It should be emphasized that the law concerned has been adopted by the
support of the Commissioner, as well as relevant international bodies,
including the OSCE Office in Baku and OSCE-ODIHR, civil society, human
rights advocacy organizations and human rights defenders functioning in
Azerbaijan and by taking into consideration their proposals and
recommendations.
The additions and amendments made to the Constitutional Law are of great
importance due to their significance and scope and may be deemed successful
progress and improvement. By the above mentioned law the scope of the
Commissioner’s mandate, as well as his/her independence indicators have
been significantly extended and brought in conformity with the requirements
set out for NPMs in the OPCAT, as well as certain guarantees have been
provided for his/her staff.
Thus, along with the Commissioner’s reactive function aimed at the
restoration of violated human rights, his/her preventive function aimed at the
prevention of human rights violations; his/her control over the information
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