The new and quite serious responsibilities of the Commissioner required
more efficient and higher quality activities which resulted in the expansion of her
mandate, as well as her staff’s competence.
With the additions and amendments made to the Constitutional Law 8 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, in fulfilment their duties as the NPM, 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 relevant normative legal acts.11
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 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); The Law of the Republic of Azerbaijan on the rights
9