special unit in the Office. With this purpose, the Commissioner’s mandate had been analyzed in
the light of the OPCAT and relevant additions and amendments to the Constitutional Law had
been prepared and sent to the Parliament (Milli Majlis), as well as the new department’s draft
structure, its proposed regulations and the staff list, and the required budget having been
prepared were agreed with the corresponding agencies.
Until the funds required for the establishment of the new unit was allocated, the NPM’s
work had been performed by the Office’s current five employees. Later on an NPM Group
consisting of eight employees within the two sub-groups – Subgroup on Visits and Subgroup on
Preparation of Documents and Reports was established under the direct supervision of the
Commissioner.18 In order to improve the Group’s scope of activities, the Subgroups were
abolished in December 2010 and instead, by including employees from the Commissioner’s
regional centers, the Group expanded its members to 17.19 Finally, after the allocation of the
respective funds,20 the Department consisting of the Visits Unit and Legal Analysis and Reports
Unit (altogether 10 employees) was established at the Office.21 The employees of the
Department are also the members of the NPG.22
The main operational directions of the Department, which adheres to the principles of
respect for human rights and freedoms, publicity, transparency, legality, justice, impartiality,
humanism and confidentiality, are the followings: 23
- To organize the Commissioner’s work as the NPM;
- To ensure the improvement of torture prevention activities;
- To promote the prevention of torture.24
18
The Decree of the Commissioner for Human Rights ( Ombudsman) of the Republic of Azerbaijan on the
Establishment of the National Preventive Mechanism Group for the Prevention of Torture, Other Cruel, Inhuman or
Degrading Treatment or Punishment under the Commissioner for Human Rights (Ombudsman) of the Republic of
Azerbaijan (19.01.2010, № 222)
19
The Decree of the Commissioner for Human Rights ( Ombudsman) of the Republic of Azerbaijan on the National
Preventive Mechanism Group for the Prevention of Torture, Other Cruel, Inhuman or Degrading Treatment or
Punishment under the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan (28.12.2010,
№ 226)
20
In accordance with Para 8 of Article 119 of the Constitution of the Republic of Azerbaijan issuance of the Decree
by the Cabinet of Ministers of the Republic of Azerbaijan on the Implementation of Presidential Decree No1674 of
8 August 2011 on “Application of the Law on Making Amendments to Constitutional Law of the Republic of
Azerbaijan, No 163-IVKQD of 24 June 2011 on “the Commissioner for Human Rights (Ombudsman) of the
Republic of Azerbaijan” (11.09.2012, № 244s).
21
The Decree of the Commissioner for Human Rights ( Ombudsman) of the Republic of Azerbaijan on
Improvement of the Structure of the Human Rights Commissioner’s (Ombudsman’s ) Office and of the regional
centers” (14.09.2012, № 247)
22
Regulations of the Department for the Prevention of Torture of the Office of the Commissioner for Human Rights
(Ombudsman) of the Republic of Azerbaijan was approved with the Decree of the Commissioner for Human Rights
(Ombudsman) of the Republic of Azerbaijan on Improvement of the Structure of the Human Rights Commissioner’s
(Ombudsman’s ) Office and of the regional centers” (14.09.2012, № 247)Para. 1.9
23
Ibid, para 1.3
24
Ibid, para 2
11