In order to enable the national preventive mechanisms to fulfill their mandate, the State
Parties shall guarantee the functional independence of the national preventive mechanisms as
well as the independence of their personnel.4
The OPCAT also recognizes the following rights for the NPMs:
- Access to all information concerning the number of persons deprived of their liberty in
places of detention, the treatment of those persons, their condition of detention, the number of
places of detention and their location;
- Access to all places of detention;
- The opportunity to have private interviews with the persons deprived of their liberty
without witnesses, as well as with any other person who may supply relevant information;
- The liberty to choose the places they want to visit and the persons they want to
interview;
- The right to have contacts with the Subcommittee on Prevention, to send information
and to meet with its representatives.5
The OPCAT was acceded by the Republic of Azerbaijan on 15 September 2005 and
ratified by the Law of 2 December 2008.6 The OPCAT entered into force in the Republic of
Azerbaijan by the publication of the aforementioned law on 15 January 2009. On the same date
the President of Republic of Azerbaijan issued a Decree designating the Commissioner as the
institution to perform the functions of the National Preventive Mechanism.7
The Commissioner’s special attention to the prevention of and combat against torture,
organization of preventive measures, as well as awareness raising activities has served as
foundation for the NPM’s work, and this institute’s reputation of being independent, impartial
and “A” category national human rights institute in accordance with the “Paris Principles” was
one of the factors grounding its designation as the NPM.
Naturally, the new and quite serious responsibilities assigned to the Commissioner
required more efficient and quality activities which resulted in the expansion of her mandate, as
well as her staff’s competence.
The additions and amendments made to the Constitutional Law, by taking into
consideration proposals and recommendations presented by the Commissioner, as well as by
international organizations, national human rights organizations and human rights defenders,
4
OPCAT, Article 18(1)
OPCAT, Article 20
6
The Law of the Republic of Azerbaijan on Approval of the Optional Protocol to the UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (02.12.2008, № 724-IIIQD)
7
The Law of the Republic of Azerbaijan on Ensuring the Implementation of the Optional Protocol to the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (13.01.2009, № 112)
5
8