Frequently asked questions
1. How to apply to the Ombudsman?
The appeal to the Ombudsman, as a rule, is sent in writing and by mail to the following address: Uzeyir Hajibeyli street, 80, Baku city, AZ 1000
The complaint can be submitted in writing in person during the reception of applicants held by the responsible employee of the Ombudsman Office at the Citizens Reception Center located in the "Government House" administrative building, Uzeyir Hajibeyli Street, 80, Baku city, AZ 1000.
You can send an electronic application to the Office of the Ombudsman through the "Online application" section located on the official website of the Ombudsman (https://www.e-gov.az/az/services/read/3541).
2. How should a complaint addressed to the Ombudsman be drawn up?
In a complaint about the violation of human rights, the applicant's name, father's name, surname, and address must be indicated, as well as the nature of the decision or action (inaction) that violated the applicant's rights, the place and time of the complaint, and the applicant's signature. If there are other materials related to the complaint or a decision issued by the court, it can be attached to the complaint.
3. In what cases is the complaint addressed to the Ombudsman not considered?
If the complaint does not include the applicant's name, patronymic, surname, address, and signature (in the case of legal entities, the name and legal address of the legal entity, the signature of its head), the application is considered anonymous, and those complaints, except for the cases specified in the anonymous complaint, are confirmed by sufficient evidence and substantial facts. is not considered.
In addition to the above, the Ombudsman shall consider that a year has passed since the day when the complainant's rights have been violated or that he was informed about it, that it does not belong to the Ombudsman's powers, that it is anonymous (except for the cases specified in the anonymous complaint, which are confirmed by sufficient evidence and substantial facts), at the same time as the complaint does not consider the complaint in cases where the related court proceedings are ongoing, and there are no new information, facts and evidence in the resubmitted complaint.
4. Can the Ombudsman conduct an investigation on his own initiative?
With the consent of the person whose human rights have been violated, the Commissioner conducts an investigation on his own initiative in cases of special public importance or in cases where the interests of persons who are incapable of defending their rights are affected.
In prisons, detention centers, temporary detention centers, garrison headquarters, detention centers for illegal migrants, as well as other places where detained persons cannot leave voluntarily, including relevant medical and educational institutions (hereinafter - places where persons cannot leave voluntarily) can a complaint be sent to the Ombudsman by detained persons?
Yes, these persons can send a complaint to the Ombudsman. Even those complaints must be sent to the Ombudsman within 24 hours without being censored.
1. Where can I complain about the refusal or improper execution of an information request?
The requester has the right to complain to the court or to the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan about the refusal or improper execution of the request. The owner of the information, who executes the information request, explains this right to the requester and mentions it in the submitted answer (information).
6. In what cases does the Commissioner not consider a complaint about the violation of the right to access information?
1. if the complaint is not about the activities of the specific information holder;
2. if there is a legally binding decision of the court on that case;
3. if the applicant does not use the opportunities created by the owner of the information to obtain information efficiently enough.
7. How can the commissioner help in case of violation of the right to access information?
1. The Commissioner clarifies whether the requirements of the Law of the Republic of Azerbaijan "On Obtaining Information" have been complied with by the owner of the information.
2. The Commissioner requests the elimination of violations from the owner of the information in connection with the complaint regarding the violation of the right to obtain information.
3. The commissioner may request the necessary information (documents, materials) or their copies from the information owners. Such information (documents, materials) must be submitted to the Commissioner within 5 working days.
4. In cases where the owner of the information does not provide the information or the Commissioner does not fulfill the requirements, the Commissioner applies to the relevant higher authority.
5. The commissioner, the head of his Office, the deputy head of the Office have the authority to draw up a protocol on the cases of administrative offenses provided for in Articles 371-374, 381.2, 381.3 and 554 of the Code of Administrative Offenses.
