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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of July 18, 2001 No. 536

About approval of the Regulations on State commission for prisoners of war, hostages and missing citizens

(as amended on 11-03-2022)

1. Approve Regulations on State commission for prisoners of war, hostages and missing citizens it (is applied). 

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic to resolve the issues following from this Decree.

3. The presidential decree of the Azerbaijan Republic "About approval of the Regulations on State commission for prisoners of war, hostages and missing citizens" of February 8, 1993 No. 460 and the Order of the President of the Azerbaijan Republic "About the working group of State commission for prisoners of war," of March 30, 1993 to consider hostages and missing citizens No. 359 invalid.

4. This Decree becomes effective from the date of signing.

President of the Azerbaijan Republic

Heydar Aliyev

Approved by the Decree the President of the Azerbaijan Republic of July 18, 2001 No. 536

Regulations on state commission for prisoners of war, hostages and missing citizens

I. General provisions

1. State commission for prisoners of war, hostages and missing citizens (further - the commission) is created by the President of the Azerbaijan Republic for the purpose of increase in the overall performance connected with bringing to world community of the genocide performed by Armenia against the Azerbaijani people, homecoming of the persons who were taken prisoner and taken hostage as a result of the started aggression, search of the citizens who were taken prisoner, missing and taken hostage in the region of the conflict, coordinating in this sphere of activity of state bodies with the public and international organizations.

1.2. The legal basis of activities of the commission the Constitution of the Azerbaijan Republic, the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, the international agreements supported by the Azerbaijan Republic including the Geneva convention of August 12, 1949 on protection of the victims of war constitute, this Provision, and also other regulatory legal acts.

1.3. The commission bears responsibility to the President of the Azerbaijan Republic and regularly reports to the President of the Azerbaijan Republic on the activities.

1.4. The commission has seal, stamp, the corresponding forms and the bank account. Its activities are financed by the funds allocated from the government budget, means which are voluntarily listed by the state and non-state organizations, and also certain citizens. The commission chairman periodically informs members of the commission on expenditure of these means.

1.5. The commission performs the activities in interaction with state bodies and the international non-governmental organizations.

II. Fundamental obligations of the commission

2.1. The commission performs the following obligations:

- develops the measures connected with homecoming of the persons who were taken prisoner and taken hostage as a result of aggression of Armenia against the Azerbaijan Republic, search of missing persons and directs their implementation;

- for the purpose of return of the persons who were taken prisoner and taken hostage of search of missing citizens coordinates activities of the relevant state bodies, public and international organizations;

- collects the information about the citizens of the Azerbaijan Republic who were taken prisoner, missing and taken hostage, provides creation of the relevant information bank for registration and systematization of these data;

- prepares data, the generalized references and the relevant proposals on condition of the work connected with the citizens of the Azerbaijan Republic who were taken prisoner, missing and taken hostage;

- takes measures for ensuring protection of the rights of the citizens of the Azerbaijan Republic containing in captivity;

- regularly keeps in contact with representatives of other states in connection with persons who were taken prisoner, missing and taken hostage, if necessary holds formal meetings;

- in case of violation of requirements of the Geneva conventions takes the initiative about conducting investigation within the procedures established by these conventions;

- cooperates with the International Committee of the Red Cross, other international organizations dealing with humanitarian issues, and persons performing activities in this area, in connection with problems of persons who were taken prisoner, missing and taken hostage;

- takes measures for recovery of health and social resettlement of the persons who were taken prisoner and taken hostage returned home after release;

- provides consideration of the letters, statements and addresses connected with the citizens who were taken prisoner, missing and taken hostage;

- takes measures for bringing to world community of the historical legal documents reflecting the genocide and ethnic cleaning performed by the Republic of Armenia against the Azerbaijani people, the materials connected with persons who were taken prisoner, missing and taken hostage;

- registers the persons belonging to the counter party taken prisoner or detainees on other bases in the territory of the Azerbaijan Republic as a result of military aggression, will organize their collection in Item of filtering and exercises control of compliance of rules of their content to requirements of the Geneva conventions;

- the commission builds the activities on the basis of publicity, regularly informs the public on the measures performed in connection with the citizens who were taken prisoner, missing and taken hostage;

- performs other obligations assigned to the commission by the President of the Azerbaijan Republic.

III. Rights of the commission

3.1. For implementation of the obligations the commission has the following rights:

- in connection with implementation of the obligations receives required materials at state bodies, hears their data on commission sessions;

- makes decisions on the questions carried to its competence including of exchange of the persons who were taken prisoner and taken hostage;

- involves the commissions of specialists of the relevant state bodies, organizations and the organizations;

- sends to the relevant state bodies, the international and non-governmental public organizations the requests connected with the citizens who were taken prisoner, missing and taken hostage, and responds to the arrived requests;

- gives to the working group created for the purpose of ensuring activities of the commission the corresponding orders and controls their implementation;

- regularly hears reports of working group;

- performs other rights following from its obligations.

IV. Organization of activities of the commission

4.1. The structure of the commission is established by the President of the Azerbaijan Republic.

4.2. The chairman appointed by the President of the Azerbaijan Republic directs activities of the commission.

4.3. The commission builds the activities on the basis of the actions plan.

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