Protection of human rights

The office of the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan 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 of the Republic of Azerbaijan and their officials, and to prevent human rights violations in the cases specified by this Constitutional Law.

The Commissioner's activities shall not limit or substitute the mandates of other state bodies responsible for ensuring the protection of human rights and the restoration of violated human rights and freedoms.

Examining the activities of the President of the Republic of Azerbaijan, deputies of the Milli Majlis of the Republic of Azerbaijan and judges of the Republic of Azerbaijan shall not fall within the Commissioner’s mandate. However, there is an exception for complaints about human rights violations related to judicial procrastination, loss of documents or  failure to provide documents in a timely manner, and delays in the execution of court judgements.

The Commissioner may make proposals to the President of the Republic of Azerbaijan addressing issues of pardoning, citizenship, and political asylum and the declaration of amnesty to the Milli Majlis of the Republic of Azerbaijan.

The Ombudsman's activities in the field of protection of human rights refer to protecting, compliance with, follow-up on the implementation status, monitoring and analyzing the situation of human and citizens’ rights and freedoms, as well as determining shortcomings and violations, restoring violated rights and preventing further violations.

People can lodge their complaints with the Commissioner through various means. Thus, each person has the opportunity to present his/her complaint by mail or email, through the Ombudsman’s 7/24 operating “916” Call Center, over online application (over sections “Make a Direct Application” and “Request For Information”) and “e-Gov” on the official website and official social network accounts, during receptions of the Ombudsman’s Headquarters and Regional Centers, in meetings with the population groups held across the country by the Ombudsman and her staff members in the Headquarters and Regional Centers, as well as during monitoring visits to penitentiary institutions, pre-trial detention centers, temporary detention places, garrison guardhouses, immigration detention centers for irregular migrants, and other institutions where the detainees cannot leave at their own free will, including the relevant social, healthcare and educational institutions.

Guided by the principles of publicity, transparency, legality, justice, and impartiality, the Commissioner reviews complaints of violations of human rights of citizens, foreigners and stateless persons, legal entities of the Republic of Azerbaijan.

Meetings and receptions are held in Baku, as well as in various cities and districts of the country by extensive communication with the population; live communication with the population groups is established; necessary explanatory work is carried out; legal advice is provided; problems and difficulties that concern people are identified; and appropriate measures are taken in cooperation with central and local executive authorities as well as municipalities.

The complaint may be submitted by third parties, including non-governmental organizations (public unions and funds), media entities, trade unions, initiative groups of citizens, and community committees of municipalities, with the consent of the person whose human rights were violated. If obtaining consent from the person whose human rights have been violated ( e.g., if the individuals is deceased or incapacitated, etc.) it is not possible, third parties or civil society institutions may submit a complaint without having obtained consent.

In addition to the aforementioned, in cases of special public importance or in cases where the interets of persons unable to defend their rights are affected, with the consent of the person whose rights have been violated, the Commissioner has the power to conduct an investigation on his or her own initiative.

Complaints submitted by individuals detained in penal institutions, pretrial detention facilities, temporary detention facilities, garrison guardhouses, detention centres for irregular migrants, as well as other places where the detainees cannot leave at their own will, including those detained at  medical and educational institutions, must be forwarded to the Commissioner within 24 hours without being subjected to censorship.

Upon receiving a complaint concerning a human rights violation from the applicant, the Commissioner shall accept the complaint for review or decline to review the complaint.
If the Commissioner declines to review the complaint, he or she must provide a justified written response within 10 working days.
The Commissioner does not review the complaint in the following cases:
- if the complaint is not filed within one year from the date the applicant's rights were violated or the date the applicant became aware of the violation;
- the complaint does not fall within the mandate of the Commissioner;
- if the complaint is anonymous (except in the cases when anonymous complaint supported by sufficient evidence and substantial facts, the Commissioner shall accept those complaints for consideration);
- a court proceeding is underway relating to the complaint;
- the resubmitted complaint does not contain new information, facts and evidence.

The Commissioner shall take complaints about human rights violations for review when they are fall within her mandate.

While investigating the circumstances outlined in a human rights violation complaint, the Commissioner must learn the considerations of the state body, municipality or other institution or official against whom the complaint was filed. The opinions must be submitted to the Commissioner within ten working days.

While investigating the circumstances outlined in a human rights violation complaint, the Commissioner shall have the following rights:

- 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;
- To receive necessary information, documents, and materials from state bodies, municipalities and other institutions, and their officials within ten working days;
- To review legally binding decisions on criminal, civil, and administrative cases, as well as materials regarding the refusal to initiate criminal cases;
- To obtain written statements from officials during the investigation of the complaint;
- To instruct relevant bodies to verify the circumstances outlined in the complaint (the verification cannot be assigned to the state body, municipality and other institutions or an official whose decision or action (or inaction) is the subject of the complaint);
-To instruct relevant state bodies and institutions to prepare an expert opinion;
- 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.
- To conduct an on-site investigation based on the complaint and document the findings;
- 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 the second chapter of this Constitutional Law, and during the execution of the functions of the national preventive mechanism and independent monitoring mechanism;

With the consent of the person whose human rights have been violated, the Commissioner shall conduct an investigation on his or her own initiative in cases of special public importance or in cases where the interests of persons unable to defend their rights are affected.

If other circumstances not mentioned in the complaint are discovered during the investigation, and if the investigation falls within the Commissioner’s mandate, it will be conducted by the Commissioner; otherwise, the materials will be forwarded to other competent state bodies.

The complaint shall be reviewed within 30 days. If it is necessary to conduct an additional inspection or request materials to review the complaint, the review period shall be extended by up to 30 days. In cases where an additional inspection is required at the written request of the complainant, the review period is extended up to 30 days.

The Commissioner shall inform the applicant in writing about the actions taken related to the review of the complaint and the results thereof within ten working days

 In the event that the Commissioner identifies human rights violations during the investigation of the complaint, he or she shall undertake the following measures:

Demand that state bodies, municipalities and other institutions, their officials who have violated human rights as a result of their decision or action (inaction) restore the violated rights (relevant state bodies, municipalities and other institutions and officials must inform the Commissioner in writing about the measures taken within ten working days. If information is not provided or the Commissioner’s demands remain unfulfilled, the Commissioner shall apply to the higher instance of that organization or to other state bodies);
- If signs of a crime are detected, refer the matter to the appropriate authorities to initiate a criminal case;
- Appeal to entities eligible to file a complaint through the cassation process;
- Share with the mass media the results of the inspections carried out in connection with the human rights violations;
- In cases where the human rights violation is of special public importance and the Commissioner’s means of influence within its mandate are insufficient to restore these rights, apply to the President of the Republic of Azerbaijan and speak with a report before the Milli Majlis of the Republic of Azerbaijan;
- Apply to the court for the restoration of rights violated as a result of the decision or action (inaction) of the state bodies, municipalities and other institutions, or an official;
- Submit an inquiry to the Constitutional Court of the Republic of Azerbaijan when an individual’s rights are violated by the normative acts in force.

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. Furthermore, disclosure of information concerning the private and family life of applicants, learned during the Commissioner's investigation of the circumstances reflected in the complaint, shall be inadmissible without their consent.

No later than two months after the end of each year, the Commissioner shall submit an annual report to the President of the Republic of Azerbaijan on the protection of human rights in the country and speak with that report before the Milli Majlis of the Republic of Azerbaijan.

The annual report shall include the names of state bodies, municipalities and other institutions, and officials who have violated human rights and failed to comply with the Commissioner's demands, along with information on actions taken in this regard. The Commissioner's annual report must encompass the general views, opinions, and recommendations related to ensuring human rights.

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, as well as published in the “Azərbaycan” newspaper and the "Legislative Collection of the Republic of Azerbaijan".