On the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan
Release date: 08.10.2024
Constitutional Law of the Republic of Azerbaijan
On the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan
Chapter I. Grounds for the Activities and Appointment of the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan
Article 1. Grounds of the activities of the Human Rights Commissioner (Ombudsman)
1.1. The posititon of the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan (hereinafter - Commissioner) is established to restore human rights and freedoms enshrined in the Constitution of the Republic of Azerbaijan and international treaties to which the Republic of Azerbaijan is a party, when they are violated by the state bodies, municipalities, as well as legal entities that are in state or municipal ownership or whose controlling stake belongs to the state or municipality (including public legal entities) and budget organizations (hereinafter – state bodies, municipalities, and other institutions) of the Republic of Azerbaijan and their officials, and to prevent human rights violations in the cases specified by this Constitutional Law.
1.2. The Commissioner shall perform the functions of a national preventive mechanism as specified in the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. With the aim of preventing torture and other cruel, inhuman and degrading treatment or punishment, he/she shall, on a regular basis or as deemed necessary, visit the places which detained persons can not leave at will.
1.3. The Commissioner shall oversee the fulfillment of the duties arising out of the requirements of the Law of the Republic of Azerbaijan "On Access to Information" by state bodies, municipalities, public legal entities and their officials (hereinafter - information holders).
1.3-1. The Commissioner shall implement the functions of the independent monitoring mechanism to monitor and promote the implementation of the Convention "On the Rights of Persons with Disabilities" and the Convention "On the Rights of the Child", the ensuring of the right to equality and the prevention of discrimination.
1.4. The Commissioner may cooperate, in line with its areas of activity, with local, regional, and international organizations, as well as human rights institutions of foreign countries, enter into agreements for this purpose and be represented in international organizations.
1.5. The activity of the Commissioner shall not restrict and substitute the competence of other governmental bodies ensuring the protection and restoration of violated human rights and freedoms.
1.6. Revision of the activities of the President of the Republic of Azerbaijan, members of the Milli Majlis of the Republic of Azerbaijan and the judges of the Republic of Azerbaijan shall not be in the scope of competence of the Commissioner.
1.7. The Commissioner may submit proposals to the President of the Republic of Azerbaijan with regard to granting pardon, citizenship and political asylum.
1.8. The Commissioner may submit proposals to the Milli Majlis of the Republic of Azerbaijan with regard to the adoption, abolition of laws or amendments to them, with a view of ensuring human rights and freedoms. The Commissioner may submit a proposal to the Milli Majlis of the Republic of Azerbaijan with regard to declaring amnesty.
1.9. The Commissioner shall have the right to examine complaints on violations of human rights relating to red tape, loss of or delayed delivery of documents in courts as well as delays in the execution of court decisions.
1.10. The activities of the Commissioner shall be based on the principles of publicity, transparency, lawfulness, justice, and impartiality.
1.11. The Commissioner may conduct an analysis of the implementation process of state programs, strategies, national action plans, and concepts in the field of human rights and may provide feedback and suggestions to the relevant body responsible for monitoring and evaluation in the respective field.
Article 2. Election of the Commissioner
2.1. The Commissioner shall be elected with the majority of 83 votes in the Milli Majlis of the Republic of Azerbaijan among three candidates nominated by the President of the Republic of Azerbaijan.
2.2. If the Milli Majlis of the Republic of Azerbaijan fails to come to a decision with regard to the election of the Commissioner, the President of the Republic of Azerbaijan shall, within 15 days, submit a new list of three candidates to the Milli Majlis of the Republic of Azerbaijan.
Article 3. Requirements concerning the candidacy of the Commissioner
3.1. Any citizen of the Republic of Azerbaijan of high moral character and at the age of not less than 30 years who has a higher education and experience in the field of human rights protection may be elected as a Commissioner.
3.2. A person who possesses a dual citizenship, or has obligations before other states, or works in legislative, executive and judicial bodies, or is engaged in any remunerated activity, excluding research, teaching and creative activities, or the legal incapacity of whom has been judicially established, or who has been convicted of a serious and particularly serious crime may not become a Commissioner.
3.3. The Commissioner may not be engaged in any political activity and may not be a member of any political party. The Commissioner may not be represented in the leadership of any non-governmental organization.
3.4. The Commissioner shall, within 5 business days of his or her election, waive any activity incompatible with his or her status.
3.5. On the day of his or her election, the Commissioner shall take an oath at the Milli Majlis of the Republic of Azerbaijan as follows: «I swear to faithfully and honestly fulfil my powers as the Human Rights Commissioner of the Republic of Azerbaijan, to observe the Constitution and laws of the Republic of Azerbaijan, and to act independently and impartially».
Article 4. Term of office of the Commissioner
4.1. The Commissioner shall be elected for a period of 7 years.
4.2. The same person may hold the post of Commissioner not more than twice.
4.3. If the new Commissioner is not re-elected before the day of expiry of term of the previous, the acting Commissioner continues fulfilling his/her functions. In these circumstances the term of the Commissioner is considered to be extended until re-election of a new Commissioner.
4.3. The President of the Republic of Azerbaijan shall present the candidacy of three individuals to the Milli Majlis of the Republic of Azerbaijan for the election of a new Commissioner 30 days prior to the expiration of the Commissioner's term. The Milli Majlis of the Republic of Azerbaijan shall pass the relevant decision on the election of the Commissioner within 15 days.
Article 5. Safeguards of the independence of the Commissioner
5.1. The Commissioner shall be independent and obey only the Constitution and laws of the Republic of Azerbaijan.
5.2. The independence of the Commissioner shall be ensured by the following:
5.2.1. s/he shall not be replaced, while in office;
5.2.2. s/he shall enjoy immunities;
5.2.3. it shall be inadmissible to interfere with his or her activities by state bodies, municipalities or other institutions, or their officials;
5.2.4. s/he shall be provided with financial and social guarantees.
5.3. The declaration of a state of emergency or martial law, as well as an anti-epidemic regime, sanitary-hygiene, and quarantine regimes, shall not stop or restrict the Commissioner’s activities.
Article 6. Immunities of the Commissioner
6.1. The Commissioner shall be inviolable while in office.
6.2. The Commissioner, while in office, shall not be subjected to criminal proceedings, shall not be arrested or detained, shall not be subjected to administrative reproof by court, shall not be subjected to search and examination save in cases where s/he was caught red-handed. In a case, where the Commissioner is caught red-handed, the body that has arrested the Commissioner, shall, within 24 hours, inform the Milli Majlis of the Republic of Azerbaijan and the Prosecutor-General of the Republic of Azerbaijan.
6.3. The inviolability of the Commissioner may be terminated only by a decision of the Milli Majlis of the Republic of Azerbaijan taken by 83 votes’ majority following a motion of the Prosecutor-General of the Republic of Azerbaijan.
6.4. The inviolability of the Commissioner shall be extended also to his or her home, official premises, means of transport and communication, correspondence, postal-telegraphic and electronic correspondence, private property and documents.
6.5. Any former Commissioner shall remain inviolable for the activities conducted and the opinions expressed while performing the powers of Commissioner. Criminal or administrative proceedings with regard to offences committed by the Commissioner in that period shall be carried out as provided for in article 6.3 of the present Law.
Article 7. Termination of powers of the Commissioner before expiry of his or her term of office
7.1. Powers of the Commissioner shall be terminated before expiry of his or her term of office by a decision of the Milli Majlis of the Republic of Azerbaijan taken by 83 votes’ majority on its own initiative or following a recommendation of the President of the Republic of Azerbaijan in cases, when:
7.1.1. the requirements relating to the Commissioner have been violated;
7.1.2. the Commissioner has completely lost his or her capacity to perform his or her duties.
7.2. In cases, where the following circumstances are declared at the Milli Majlis of the Republic of Azerbaijan, the Chairperson of the Milli Majlis by his or her decree shall terminate powers of the Commissioner before expiry of term of office of the latter:
7.2.1. death of the Commissioner;
7.2.2. a judgment of conviction in respect of the Commissioner entered into force;
7.2.3. a written voluntary request of the Commissioner for resignation.
7.3. When powers of the Commissioner are terminated before expiry of his or her term of office, the President of the Republic of Azerbaijan shall, within 30 days, submit to the Milli Majlis of the Republic of Azerbaijan a new list of three candidates for the election of a new Commissioner. The Milli Majlis of the Republic of Azerbaijan shall, within 15 days, adopt an appropriate decision on the election of the Commissioner.
Chapter II. Consideration of complaints on violation of human rights and performance of the functions of the national preventive mechanism and independent monitoring mechanism
Article 8. Submission of complaints on human rights violations
8.1. The Commissioner shall examine complaints on violations of human rights from citizens of the Republic of Azerbaijan, aliens and stateless persons, as well as legal entities (hereinafter - Applicant).
8.2. A complaint may also be lodged by a third person, including non-governmental organizations (public unions and funds), media entities, trade unions, initiative groups of citizens and community committees of municipalities (hereinafter – civil society institutions) with consent of the victim of the human rights violations. If it is impossible to obtain consent of the victim of human rights violations (if that person died, lost his or her legal capacity etc.), a complaint may be lodged by a third person or a non-governmental organization without consent.
8.3. The Commissioner shall not receive complaints from governmental bodies.
8.4. A complaint may be lodged with the Commissioner within a period of one year from the date on which an alleged violation of rights of the applicant occurred or s/he became aware of that violation.
8.5. Complaints submitted by individuals detained in penal institutions, pretrial detention facilities, temporary detention facilities, garrison guardhouses, detention centres for illegal migrants, as well as other places where the detainees cannot leave at their own will, including those detained at medical and educational institutions (hereinafter – places where the persons cannot leave at their own will) must be forwarded to the Commissioner within 24 hours without being subject to censorship.
Article 9. Content of a complaint on human rights violation
9.1. A complaint on human rights violation shall set out: name, surname, patronymic name and address of the applicant; the essence of a decision or an act (or inaction) that violated applicant’s rights; the place and date of writing the complaint and the signature of the applicant. Any other materials or judicial decisions relating to the complaint may be added to that complaint.
9.2. If the complaint does not contain the last name, first name, patronymic, address and signature of the applicant (in relation to legal entities - the name and legal address of the legal entity, the signature of its head), the appeal shall be considered to be anonymous and shall not be pursued, save in cases referred to in article 9.3 of this Law.
9.3. If the circumstances indicated in an anonymous complaint are attested by sufficiently evidential and substantiated facts, the Commissioner accepts such complaint for examination.
9.4. If a complaint is submitted verbally, a staff member of Commissioner’s Apparatus shall take notes of the contents of the complaint on a special letterhead, which shall be signed by the applicant.
9.5. Upon a request of the applicant, the Commissioner shall keep the data concerning that person confidentially.
Article 10. Taking a decision in respect to a complaint on human rights violations
10.1. In respect to a complaint on violation of human rights lodged with the Commissioner, s/he takes one of the following decisions:
10.1.1. accept the complaint for investigation;
10.1.2. refuse to pursue the complaint.
10.2. In case of refusing to pursue the complaint, the Commissioner shall, within 10 business days, submit a grounded written reply to the applicant.
Article 11. Grounds for refusing a complaint on human rights violation
11.1. The Commissioner shall not examine complaints in the following cases:
11.1.1. when the requirements of article 8.4 of the present Law have been violated;
11.1.2. when the complaint is beyond the competence of the Commissioner;
11.1.3. when a complaint is anonymous save in cases referred to in article 9.3 of the present Law;
11.1.4. when a complaint is being examined within court proceedings;
11.1.5. when there is no new information, facts and evidences in a re-submitted petition.
Article 12. Procedure of investigation of complaints on violations of human rights and execution of functions of the national preventive mechanism
12.1. While investigating the circumstances indicated in a complaint on violations of human rights, the Commissioner shall receive observations from the state body, municipality or any other institution which is complained of. Within 10 business days the observations shall be submitted to the Commissioner.
12.2. While investigating the circumstances indicated in a complaint on human rights violation and while executing the functions of the national preventive mechanism, the Commissioner shall have the following rights:
12.2.1. to access, at any time, without hindrance and prior notification, state bodies, municipalities and other institutions, military units, police agencies and places where the detainees cannot leave at their own will; to meet and converse with detainees or former detainees, as well as any other person who can provide relevant information, one-on-one or, if deemed necessary, with the presence of a specialist or an interpreter; to review and obtain copies of all documents confirming the legality of the detention of detainees, as well as those related to the treatment and the conditions of their detention; to draw up a report and document the progress and results of the actions undertaken; to make photo, audio, and video recordings using technical means; to make relevant recommendations to the competent state bodies and receive responses to those recommendations within the specified time;
12.2.2. to receive necessary information, documents and materials from state bodies, municipalities and other institutions, their officials within 10 business days;
12.2.3. to obtain court decisions in force concerning criminal, civil and administrative cases, as well as cases, the criminal proceedings in respect of which were terminated;
12.2.4. during investigation of a complaint, to receive written explanations from officials;
12.2.5. to give fact-finding tasks to relevant bodies for examination of the circumstances reflected in the complaint (examination can not be entrusted to state bodies, municipalities and other institutions or person against which the complaint is submitted);
12.2.6. to charge relevant state bodies and organizations with a task of preparing an expert opinion;
12.2.7. to be promptly received by the heads and other officials of state bodies, municipalities and other institutions, commanders of military units, management of police stations, and of the places where detainees cannot leave at their own will.
12.2.8. to conduct an on-site investigation based on the complaint and document the findings;
12.2.9. to take measures by inviting representatives of state bodies, municipalities, and other institutions with a view to preventing legal violations and addressing any detected violations during the examination of complaints as determined in II chapter of this Constitutional Law, and during the execution of the functions of the national preventive mechanism and independent monitoring mechanism.
12.3. No person or organization can be persecuted or prosecuted for submitting information to the Commissioner.
12.4. With consent of the person whose human rights have been violated, the Commissioner carries out investigations on his or her own initiative in cases of special public importance, or in cases, where the interests of persons who are not capable to vindicate their rights themselves are affected.
12.5. If during an investigation any violations other than those mentioned in the complaint are revealed, the Commissioner shall carry out relevant investigation provided that this is within his or her competence; if not, s/he shall refer the materials to a relevant authority.
12.6. Complaints shall be examined within 30 days. If additional investigation or materials are required for examination of the complaint, this term is extended to another 30 days. If it is necessary to conduct an additional investigation from the date of written request of the complainant, the period for considering the complaint is extended to 30 days.
Article 13. Results of examination of complaint on human rights violation
13.1. The Commissioner shall, within 10 business days, submit written information to an applicant of the measures taken in respect of his or her complaint, and results of the examination.
13.2. If, as a result of an examination, the Commissioner finds a violation of the human rights of an applicant, he/she takes the following measures:
13.2.1. to demand from the state bodies, municipalities and other institutions, their officials, whose decision or action (inaction) violated the human rights, to remedy those violations (the appropriate state bodies, municipalities and other institutions and officials shall, within 10 business days, submit to the Commissioner a written information of the measures taken in respect of those violations. Where such information is not submitted or the appropriate body fails to comply with the demands of the Commissioner, the latter applies to the superior authorities or other state bodies).
13.2.2. in cases where criminal elements are revealed, to apply to relevant bodies with request to initiate criminal proceedings;
13.2.3. to apply to the subjects entitled to file additional cassation complaints;
13.2.4. to submit proposals to relevant state bodies, municipalities and other institutions on instituting disciplinary proceedings against the officials whose decision or act (inaction) violated human rights and freedoms;
13.2.5. to inform media of the results of the examination conducted in respect of human rights violations;
13.2.6. in cases, where violations of human rights have a special public importance, if the means available at the disposal of the Commissioner are not sufficient for remedying those violations, to apply to the President of the Republic of Azerbaijan, or to report to the Milli Majlis of the Republic of Azerbaijan;
13.2.7. to apply to a court with a view to protect the rights and freedoms violated by decision or action (inaction) of a state body, municipality and other institution, or an official;
13.2.8. to apply to the Constitutional Court of the Republic of Azerbaijan with a inquiry in cases where the rights of a person are violated by legislative acts in force.
Article 13-1. Specific aspects of consideration of complaints related to the violation of the right to obtain information
13-1.1. The Commissioner investigates the circumstances reflected in the complaint related to the violation of the right to obtain information within 10 work days. If the complaint requires specification or additional explanation and documents are needed for investigation of the complaint, with prior written notice to the complainant the Commissioner can extend the time of consideration of the complaint for 10 work days.
13-1.2. The Commissioner shall not consider the following complaints:
13-1.2.1. if a complaint is not related to the activity of the specific information holder;
13-1.2.2. if a court decision on a case has entered into force;
13-1.2.3. if the applicant has not effectively utilized the access options provided by the information holder;
13-1.3. During the investigation of the circumstances described in the complaint regarding the violation of the right to access information, the Commissioner shall clarify whether the following requirements of the Law of the Republic of Azerbaijan "On Access to Information" have been observed by
the governmental and local self-governing body or official in possession ofthe information holder:
13-1.3.1. registration of a request for obtaining information (hereafter- information request);
13-1.3.2. satisfaction of an information request within the period and the method envisaged by the Law;
13-1.3.3. compliance of rejection to execute the information request with the requirements of the Law;
13-1.3.4. clear and full compliance with the obligation to make the information public;
13-1.3.5. compliance with the obligation to create an Internet database of information;
13-1.3.6. clarifies limitation put on obtaining information in a manner defined by the Law.
13-1.4. In respect of a complaint related to the violation of the right to obtain information the Commissioner can require the information holder to remedy the violation.
13-1.5. The information holder state bodies, municipalities and state officials holding information
shall report on undertaken measures to the Commissioner in writing within 10 business days. In case of failure to provide feedback or to react in accordance with the Commissioner's requirements the Commissioner can address the relevant higher authority.
13-1.6. When reviewing a complaint related to the violation of the right to access information, the Commissioner may request essential information (documents, materials) or their copies from the information holders. Such information (documents, materials) must be provided to the Commissioner within 5 business days.
Article 13-2. National Preventive Group
13-2.1. For the purpose of implementing the functions of a national preventive mechanism as envisaged in Article 1.2 of this Constitutional Law, a National Preventive Group shall be established within the Commissioner's Office. An individual who is at least 25 years old, holds a higher education degree, has experience in the field of human rights protection, and possesses high moral qualities shall be eligible to be appointed as members of the National Preventive Group. Members of the National Preventive Group shall be appointed by the Commissioner for a term of 3 years through transparent procedures.
13-2.2. An individual with dual citizenship, obligations to other states, declared incapacitated by the court, or convicted of serious or particularly serious crimes shall be ineligible to be appointed as a member of the National Preventive Group.
13-2.3. The National Preventive Group shall have the following rights:
13-2.3.1. to enter, at any time, without hindrance and prior notification, police agencies, places where the detainees cannot leave at their own will; to meet and converse with detainees, as well as any other person who can provide relevant information, one-on-one or with the participation of a specialist or an interpreter; to review and obtain copies of all documents confirming the legality of the detention of current or former detainees, as well as those related to the treatment and the conditions of their detention; to draw up a report and document the progress and results of the actions undertaken; to make photo, audio, and video recordings using technical means;
13-2.3.2. to be received without delay by the management of police agencies and places where the detainees cannot leave at their own will;
13-2.3.3. to take measures by inviting representatives of state bodies, municipalities, and other institutions with a view to preventing legal violations and addressing any detected violations during the fulfillment of the functions of the national preventive mechanism.
13-2.4. A member of the National Preventive Group cannot be compelled to testify or disclose by any other means, facts that have come to their knowledge while performing their functions. This safeguard shall remain in effect even after the member has left the group.
13-2.5. A member of the National Preventive Group cannot be arrested or detained or subjected to search or personal examination while executing his or her functions in places where detainees cannot leave at their own will. It shall be inadmissible to impose an injunction, inspect or seize the postal, telegraphic and other submissions, as well as electronic correspondence of a member of the National Preventive Group.
Article 13-3. Specifics of Implementing the Functions of Independent Monitoring Mechanism
13-3.1. The Commissioner shall implement the functions of the independent monitoring mechanism in accordance with Article 1.3-1 of this Constitutional Law, to monitor the situation in terms of promotion, protection and ensuring of human rights and freedoms, and to prevent violations.
13-3.2. Monitoring groups shall be established within the Commissioner's Office for the purpose of implementing the functions of the independent monitoring mechanism. The members of the monitoring groups shall be appointed in accordance with Article 13-2.1 of this Constitutional Law.
13-3.3. The Commissioner and the monitoring group shall have the following rights when implementing the functions of the independent monitoring mechanism:
13-3.3.1. to conduct monitoring in state bodies, municipalities, and other institutions, to review necessary information (documents, materials) on-site and receive their copies;
13-3.3.2. to demand necessary information (documents, materials), or their copies from state bodies, municipalities and other institutions, their officials, and to receive them within 5 working days;
13-3.3.3. to document the results of the implemented monitoring;
13-3.3.4. to provide recommendations related to the results of the monitoring to state bodies, municipalities and other institutions, their officials;
13-3.3.5. to involve civil society institutions, independent experts, and specialists in the activities of the monitoring groups.
13-3.4. Facts of human rights violations revealed during the implementation of the functions of the independent monitoring mechanism shall be examined in accordance with Articles 12, 13, 13-1 and 15 of this Constitutional Law.
Article 14. Annual report of the Commissioner
14.1. Not later than 2 months after the end of each year, the Commissioner shall submit to the President of the Republic of Azerbaijan an annual report on the protection of human rights in the country and deliver that report verbally before the Milli Majlis of the Republic of Azerbaijan.
14.2. The annual report shall indicate the state bodies, municipalities and other institutions, officials having violated human rights, and failed to comply with the demands of the Commissioner, and of the measures taken in this regard.
14.3. The annual report of the Commissioner shall also contain general views, opinions and recommendations concerning the protection of human rights.
14.4. The annual report shall be submitted to the Cabinet of Ministers of the Republic of Azerbaijan, the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan and the Prosecutor-General of the Republic of Azerbaijan.
14.5. The Report shall be published in the newspaper «Azerbaijan» and «Compilation of legislative acts of the Republic of Azerbaijan».
Article 15. Ensuring Confidentiality in the Commissioner’s Activities
15.1. Information that constitutes state secrets, investigative, judicial, tax, banking, and commercial secrets, as well as other information to which access is restricted by law and that becomes known, in the course of the Commissioner’s activities, to the Commissioner, the members of the National Preventive Group and the Independent Monitoring Group, the staff of the Commissioner's Office and regional centres, shall be protected in accordance with the laws of the Republic of Azerbaijan governing relations in this area.
15.2. The data concerning personal and family life of applicants, which became known to the Commissioner while examining the circumstances indicated in a complaint, shall not be made public without consent of those persons.
Chapter III. Organisation of the work of the commissioner and its guarantees
Article 16. Social, financial and other guarantees of the Commissioner
16.1. The Commissioner shall receive an official salary equal to 3060 manats.
16.1-1. The Commissioner shall be paid a bonus to the official salary in the amount of 1.65 times of the monthly salary.
16.2. The Commissioner shall be exempted from military draft and periodical military trainings.
16.3. The Commissioner shall be given a diplomatic passport during his or her term of office.
16.4. The Commissioner shall be given leave as provided for in the legislation of the Republic of Azerbaijan.
16.5. The term of office of the Commissioner shall be included in his or her general, special and uninterrupted record of service.
16.6. On taking a leave, the Commissioner shall be given an allowance in the amount of his or her 2 months' salary for the purposes of medical treatment and recreation.
16.6-1. The Commissioner is provided with mandatory insurance in an amount equivalent to his/her 5-year salary.
16.7 Pension benefits of the Commissioner, ex-Commissioner and members of his family are provided in accordance with the Law of the Republic of Azerbaijan "On labor pensions".
Article 17. Apparatus of the Commissioner and its regional offices
17.1. An Apparatus shall be set up for providing the Commissioner with legal, organizational, research-analytical, informational, material, technical and financial services. Regional centres of the Commissioner can be established in the fields.
17.2. The Apparatus of the Commissioner shall have a seal and letterheads with the State Emblem of the Republic of Azerbaijan imprinted on them.
17.3. The Apparatus of the Commissioner and the regional centres shall act in accordance with the «Regulation on the apparatus and regional centres of the Commissioner on human rights of the Republic of Azerbaijan» which shall be affirmed by the Commissioner.
17.4. The structure, staff listing and expenditure estimates of the Apparatus and regional centres of the Commissioner shall be determined by the Commissioner.
Article 18. Rights and duties of the staff of the Apparatus and regional centres of the Commissioner
18.1. The staff of the Apparatus and regional centres of the Commissioner shall be appointed and dismissed by the Commissioner.
18.2. Rights, duties and responsibilities of the staff of the Apparatus and regional centres of the Commissioner shall be determined in accordance with the Labour Code of the Republic of Azerbaijan, the Law «On State Service» of the Republic of Azerbaijan and other legislative acts of the Republic of Azerbaijan.
Article 18-1. National Preventive Group
18-1.1. The National Preventive Group is established within the Commissioner's Office for the purposes of fulfilling the functions of the National Preventive Mechanism referred to by Article 1.2. of the present Law. Persons not below the age of 25, with higher education, experience in human rights protection and of high moral values can be appointed as members of the National Preventive Group. The members of the National Preventive Group are appointed by the Commissioner based on transparent procedures for the period of 3 years.
18-1.2. The National Preventive Group has the following rights:
18-1.2.1. to access police stations, temporary detention facilities, investigatory isolators penitentiary institutions, military guardhouses, psychiatric institutions, detention centers for illegal migrants and other places, which detained persons cannot leave on their own will at any time, without hindrance or prior notification; to meet privately or when deemed necessary with participation of an expert or interpreter and interview in private the detained persons, as well as any other persons who may provide relevant information; to get acquainted with and obtain copies of the documents confirming the lawfulness of detention of the detained persons, as well as providing information on treatment and the conditions of detention of the abovementioned persons; prepare acts, document the process and the results of the actions undertaken;
18-1.2.2. to be received immediately by the directors of police stations, temporary detention facilities, investigatory isolators, penitentiary institutions, psychiatric institutions, detention centers for illegal migrants and other places, which detained persons cannot leave on their own will;
18-1.3. Members of the National Preventive Group cannot be forced to testify about the facts that became known to them in relation to execution of their duties or to reveal these facts by any other method. This guarantee shall remain in effective in respect of those persons who have ceased their membership with the National Preventive Group.
18-1.4. A member of the National Preventive Group cannot be apprehended or arrested, subjected to search or personal examination while fulfilling his/her duties in places, which detained persons cannot leave on their own will. No arrest, check or seizure can be undertaken in respect of postage, telegraphs or other correspondence to a member of the National Preventive Group.
Article 19. Financing of the work of the Commissioner
19.1. The activity of the Commissioner, his/her Apparatus and regional centres shall be financed from the State budget of the Republic of Azerbaijan.
19.2. The amount of current expenses as part of the annual funds allocated to finance the activities of the Commissioner can not be less than the amount provided for this purpose in the previous financial year.
Article 20. Liability for Obstructing the Legal Activities of the Commissioner, the National Preventive Group and the Independent Monitoring Groups
Restricting or interfering with the legal activities of the Commissioner, the national preventive group and the independent monitoring groups results in liability as defined by law.
President of the Republic of Azerbaijan
Heydar ALIYEV
Baku, December 28, 2001
No. 246-IIKQ
As amended on September 1, 2004, No. 722-IIKGD; March 3, 2006, No. 71-IIIKGD; October 2, 2006, No. 128-IIIKGD; October 19, 2007, No. 431-IIIQD; June 19, 2009, No. 832-IIIKQD; November 26, 2009, No. 912-IIIKQD; 6 May 2011, No. 102-IVKQD; June 24, 2011, No. 163-IVKQD; June 27, 2014, No. 1011-IVKQD; April 15, 2016, No. 201-VKQD; October 1, 2018, No. 1233-VKQD; November 27, 2018, No. 1335-VKQD; March 13, 2020, No. 9-VIKQD; December 30, 2022, No. 778-VIKQD (effective since January 1, 2023); June 9, 2023, No. 900-VIKQD; October 8, 2024, No. 34-VIIKQD («LegalActs» LLC).
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