served this purpose.8 Thus, the Commissioner’s powers, as well as her independence have been
adjusted to the level of the authority of the NPM as provided for by the OPCAT. Also in order to
ensure the Commissioner’s activities as the NPM, based on the principles of transparency, an
NPG has been created and the obligations, rights and guarantees of the members of the NPG
have been enacted.
According to the Constitutional Law, the Commissioner and the National Preventive
Group have the right to have access, at anytime, without hindrance and prior notification, to
police stations, temporary detention facilities , investigation isolators, penitentiary institutions,
military detention places, psychiatric institutions and other places where detainees are not
permitted to leave at will, meet and interview detained persons, as well as any other persons
who may provide relevant information, in private or when deemed necessary with participation
of a specialist or interpreter; get acquainted with and obtain copies of all documents confirming
the lawfulness of detention, as well as relating to treatment of detainees or detention conditions;
draw up acts, and minutes to document the flow and results of undertaken actions.9 The
Commissioner’s right to make recommendations to relevant authorities and receive responses to
those recommendations within the specified time limit has also been stipulated in the
aforementioned law.10
It should be noted that in order to ensure the NPM’s smooth operation other legislative
acts have been amended, too. Thus, the provisions specifying the Commissioner’s and NPG’s
aforementioned powers have been incorporated into the EPC, the Law on Psychiatric Care and
the Regulations of the Garrisons and Guard Services of the Armed Forces of the Republic of
Azerbaijan, the Regulations of the Garrisons and Guard Services of the Armed Forces of the
Republic of Azerbaijan, the Sample Regulations of Open and Closed Special Correctional
Institutions, the IDR,11 the newly adopted Law on Ensuring the Rights and Freedoms of the
8
The Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of
the Republic of Azerbaijan, (24.06.2011, № 163-IVKQD)
9
Constitutional Law, Article12.2.1; 18-1.2.1
10
Constitutional Law, Article 12.2.1
11
The Law of the Republic of Azerbaijan on Making Amendments to the Execution Punishment Code (20.04.2012,
№ 324-IVQD); the Law of the Republic of Azerbaijan on Making amendments to the Law on Psychiatric Care
(20.04.2012, № 325-IVQD); The Law on Making Amendments to the Annex 4 of the Regulations of the Garrisons
and Guard Services of the Armed Forces of the Republic of Azerbaijan which was confirmed by Law No 886 of 23
September 1994. (20.04. 2012); № 326-IVQD); The Decision of the Cabinet of Ministers of the Republic of
Azerbaijan on Making Amendments to “ the Sample Regulations of Open and Closed Special Correctional
Institutions approved by Decision No 65 of the Cabinet of Ministers dated 13 May 2003” (04.07.2012, № 148);
The Decision of the Plenary Board of the Ministry of Justice of the Republic of Azerbaijan on “Making
Amendments to the Internal Disciplinary Rules of Penitentiary Institutions approved by Decision No. 7 of 29
December 2011 of the Plenary Board of the Ministry of Justice” (13.07.2012, № 3-N).
9