CONSTITUTIONAL LAW OF THE AZERBAIJAN REPUBLIC

of December 28, 2001 No. 246-IIKQ

About the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic

Section I. Bases of activities and appointment of the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic

Article 1. Bases of activities of the Commissioner for Human Rights (ombudsman)

1.1. The position of the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic (further - the Ombudsman) is established by the Constitution of the Azerbaijan Republic and international treaties which participant is the Azerbaijan Republic, and responsibility of state bodies, municipalities, and also the state-owned or municipal property or the order shares (shares) of the Azerbaijan Republic recovery of the human rights and freedoms violated by legal entities (including public) and state-financed organizations (further - state bodies, municipalities and other organizations), the belonging to the surrounding state or municipality, their officials and established by this Constitutional law for prevention of human rights violations.

1.2. The representative performs functions of the national preventive mechanism provided by the Optional protocol to "The convention against tortures and other cruel, inhuman or degrading treatment or punishment". For the purpose of prevention of tortures and other cruel, inhuman or degrading treatment or punishment he regularly or if necessary visits places of content of persons which cannot leave them voluntarily.

1.3. The representative exercises control over the implementation of the obligations following from requirements of the Law of the Azerbaijan Republic "About receipt of information" from state bodies, municipalities, public persons, their officials (further - owners of information).

1.3-1. The representative performs functions of the independent control mechanism on monitoring and assistance of implementation of the Convention "About the Rights of Disabled People" and the Convention "About the Child's Rights", providing the right to equality and discrimination non-admission".

1.4. The representative cooperates with the local, regional and international organizations, and also can cooperate with human rights institutions of foreign states, sign for this purpose agreements, to be provided in the international institutions according to activities.

1.5. Activities of the Representative do not limit and do not duplicate power of other state bodies providing human rights protection and recovery of the violated human rights and freedoms.

1.6. Check of activities of the President of the Azerbaijan Republic, deputies Millie of Majlis of the Azerbaijan Republic and judges of the Azerbaijan Republic is not included into competence of the Representative.

1.7. The representative can provide to the President of the Azerbaijan Republic the offers connected with the solution of questions of pardon, nationality, provision of political asylum.

1.8. The representative can provide Millie to Majlis of the Azerbaijan Republic of the offer on acceptance, cancellation or change of the laws for the purpose of providing human rights and freedoms. The representative can provide Millie to Majlis of the Azerbaijan Republic the offer on the announcement of amnesty.

1.9. The representative has the right to consider the claims about human rights violation connected with red tape, loss and untimely issue of documents in courts and also delay in execution of judgments.

1.10. Activities of the Representative are based on the basis of the principles of publicity, transparency, legality, justice, impartiality.

1.11. The representative can carry out the analysis of implementation process of state programs, strategy, the national plans of action and concepts in the field of human rights and to represent the opinions and offers to the organization performing monitoring and assessment in the respective sphere.

Article 2. Election of the Representative

2.1. Millie Majlis of the Azerbaijan Republic elects the Representative from among three candidates offered by the President of the Azerbaijan Republic, the majority in 83 voices.

2.2. If Millie Majlis of the Azerbaijan Republic will not make the decision connected with election of the Representative, the President of the Azerbaijan Republic within 15 days proposes Millie to Majlis of the Azerbaijan Republic candidacies of other three persons.

Article 3. Requirements to the candidate Upolnomochennogo

3.1. The citizen of the Azerbaijan Republic not younger 30 years, with the higher education, the having experience in area of human rights protection and having high moral qualities can be elected to position of the Representative.

3.2. Person having the double citizenship having the obligation to other state serving in systems of legislative, executive and judicial authority, which is engaged in paid activities, except for scientific, pedagogical and creative activities, condemned for heavy and especially serious crimes, person whose incapacity is confirmed with court cannot be authorized.

3.3. The representative cannot be engaged in political activities and to be member of this or that political party. The representative cannot be provided in management of this or that non-governmental organization.

3.4. The representative shall stop the activities which are not corresponding to its status within 5 working days from the date of election to this position.

3.5. The representative in day of election to this position takes the oath at Millie's meeting of Majlis of the Azerbaijan Republic: "I swear fairly and to honesty carry out the powers on post of the Commissioner for Human Rights of the Azerbaijan Republic, to observe the Constitution and the laws of the Azerbaijan Republic, to perform independent and impartial activities".

Article 4. Term of office of the Representative

4.1. The representative is elected for a period of 7 years.

4.2. The same person cannot be elected to the Representative's position more than two times.

4.3. In 30 days prior to the termination of powers of the Representative the President of the Azerbaijan Republic makes to Millie Majlis of the Azerbaijan Republic the nomination of three persons for election of the new Representative. Millie Majlis of the Azerbaijan Republic makes the relevant decision on election of the Representative in 15-day time.

Article 5. Guarantees of independence of the Representative

5.1. The representative is independent and submits only to the Constitution and the laws of the Azerbaijan Republic.

5.2. Independence of the Representative are provided the following guarantees:

5.2.1. stability;

5.2.2. immunity;

5.2.3. inadmissibility of intervention in its activities from state body, local and other government office, their officials;

5.2.4. material and social guarantees.

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