Individuals Held in Detention Facilities, and the Rules for Safeguarding and Escorting Persons
Detained in Temporary Detention Places of Police Bodies accordingly.12
According to the amendments, the suggestions, applications and complaints the inmates
address to the NPG are not subject to censorship. They are sent out to the relevant authorities
within one day.13 It is also commendable that, an inmate’s right to use a PI’s account for sending
his/her application to the NPG, in absence of his/her own financial means, has also been
stipulated.14 The mentioned provisions used to cover only applications addressed to the bodies
supervising PI’s operation, the Commissioner and the European Court of Human Rights in the
past.
Alongside the above mentioned, it is advisable to include a provision to prohibit
censorship in respect of the correspondence sent to the NPG in the Law on Ensuring the Rights
and Freedoms of the Individuals Held in Detention Facilities,15 and the Sample Regulations of
Open and Closed Special Correctional Institutions,16 too.
1.2. Organizational issues
After being designated as NPM, the Commissioner, in order to ensure successful
implementation of the new duties assigned to her, has undertaken necessary measures to improve
organizational issues. At the outset, by the Commissioner’s order17 a Working Group consisting
of four employees of the Ombudsman’s Office was established and tasked to prepare
recommendations on the organization of the NPM’s work. The Working Group conducted
discussions
with
the
Commissioner’s
supervision
and
participation,
combined
the
recommendations received from state agencies and international organizations, at the same time
studied international best practices in this field and prepared an action plan, also prepared a list
of the places of deprivation of liberty, and carried out other corresponding tasks.
It was determined that in order to more effectively organize the work of the NPM, the
most important step was to adjust its mandate to the requirements of the OPCAT and establish a
12
The Law of the Republic of Azerbaijan on the rights and freedoms of individuals kept in detention facilities
(22.05.2012, № 352-IVQ); The Decision of the Ministry of Internal Affairs on “the Rules for Safeguarding and
Escorting Persons Detained in Temporary Detention Places of Police Bodies” (14.01.2013, № Q1-001-13)
13
EPC, Article 83.5; IDR, para 28.6
14
IDR, para 28.11
15
Law of the Republic of Azerbaijan on the rights and freedoms of individuals kept in detention facilities
(22.05.2012, № 352-IVQ), Article 18.1
16
The Sample Regulations of Open and Closed Special Correctional Institutions, (Approved with Decision No 65 of
the Cabinet of Ministers of the Republic of Azerbaijan ,13.05.2003), para. 1.6
17
The Decree of the Commissioner for Human Rights ( Ombudsman) 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 by the Ombudsman (15.01.2009, № 214)
10