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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 11, 2009 No. 123

About approval of Rules of the National mechanism of the direction in connection with the victims of human trafficking

(as amended on 22-09-2016)

For the purpose of ensuring execution of Item 2 "The actions plan (2009-2013) in connection with implementation of the National Plan of activities for fight against human trafficking" "The national Plan of activities for fight against human trafficking of the Azerbaijan Republic (2009-2013)", the President of the Azerbaijan Republic approved by the Order of February 6, 2009 133, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules of the National mechanism of the direction in connection with the victims of human trafficking" (are applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

Artur Rasi-Zade

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 11, 2009 No. 123

Rules of the National mechanism of the direction in connection with the victims of human trafficking

1. General provisions

1.1. These rules are prepared according to "The national Plan of activities for fight against human trafficking of the Azerbaijan Republic (2009-2013)", the approved Order of the President of the Azerbaijan Republic of February 6, 2009 No. 133, and establish rules of implementation of the national mechanism of the direction in connection with the victims of human trafficking (further - the victims).

1.2. Main objectives of the National mechanism of the direction in connection with the victims of human trafficking consist in creation of effective system on ensuring protection of the rights of the victims and their transfers to competent structure, their safety, repatriations, social resettlement and forming of rules in this sphere.

1.3. The national mechanism of the direction in connection with the victims of human trafficking is performed in case of management of the following principles:

1.3.1. providing rights and freedoms of the victims;

1.3.2. ensuring confidentiality of data on the victims;

1.3.3. ensuring equality of the victims in case of application of actions for protection and social resettlement;

1.3.4. ensuring individualization of actions for protection and social resettlement according to requirements of the victims;

1.3.5. ensuring mutual cooperation of state bodies and non-governmental organizations;

1.3.6. ensuring efficiency of regional and international cooperation.

2. Implementation of the National mechanism of the direction in connection with the victims of human trafficking

2.1. For implementation of the National mechanism of the direction in connection with the victims of human trafficking the interdepartmental commission is created.

2.2. Representatives of the Ministry of Internal Affairs of the Azerbaijan Republic, the Ministry of Education of the Azerbaijan Republic, the Ministry of Health of the Azerbaijan Republic, the Ministry of Justice of the Azerbaijan Republic, the Ministry of Foreign Affairs of the Azerbaijan Republic, the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic, the Ministry of youth and sport of the Azerbaijan Republic, the Ministry of Culture and tourism of the Azerbaijan Republic, the Prosecutor General's Office of the Azerbaijan Republic, Service of state security of the Azerbaijan Republic, the State Customs Committee, State committee on problems of family, women and children of the Azerbaijan Republic, the State Border Service of the Azerbaijan Republic, the Public migratory service of the Azerbaijan Republic are part of the interdepartmental commission.

2.3. The interdepartmental commission performs the National mechanism of the direction in connection with the victims of human trafficking.

2.4. Commission sessions will be held at least once a year in case of the National coordinator on fight against human trafficking (further - the National coordinator). The work done by the interdepartmental commission in the sphere of implementation of the National mechanism of the direction in connection with the victims of human trafficking is analyzed and discussed at meeting, the tasks facing it are determined. Representatives of non-governmental organizations, and also the international organizations operating in the sphere of fight against human trafficking can be invited to meetings of the interdepartmental commission.

2.5. The interdepartmental commission determines the corresponding procedure for the work.

2.6. For the purpose of increase in professionalism and level of knowledge of representatives of the government institutions and non-governmental organizations performing the National mechanism of the direction in connection with the victims of human trafficking trainings and rates will constantly be organized.

3. Protection of the rights of the victims

3.1. The victims have the right to receive free legal aid. The victims receive data on free legal aid and the organizations giving this help at special police structure and non-governmental organizations.

3.2. For provision of grants for the purpose of financing of the legal assistance given to the victims, the National coordinator can address to the Cabinet of Ministers of the Azerbaijan Republic.

3.3. Rendering to the victims of free medical care will be organized by the Ministry of Health of the Azerbaijan Republic. Any physical examination of the victims, except as specified, stipulated by the legislation, is performed only on the basis of their consent.

In case of delivery of health care necessary medical requirements of the victims shall be completely satisfied, and the polite address from each of them is provided.

3.4. Shall be the needs of the victims for psychological assistance are provided.

3.5. When rendering to the victims of medical and psychological assistance collection and distribution about them confidential information not be allowed taking into account that such actions are estimated as criminal act.

3.6. The victims have the right to compensation, submission of the civil action for compensation of the material and moral damage caused to them as a result of crime.

3.7. Compensation is paid to the victims in the stipulated by the legislation procedure Fund of the help to the victims of human trafficking created under the Ministry of Internal Affairs of the Azerbaijan Republic (further - Fund of the help). Compensations are paid regardless of the victim's cooperation with law enforcement agencies.

3.8. Damage caused to persons which were affected by human trafficking is compensated according to the procedural legislation at the expense of property of dealers in people and if this property is not enough, according to the judgment, by fund of the help.

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