Ombudsman as National Preventive Mechanism (MPM).

MANDATE AND FUNCTION

Requirements of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and national legislation:

The main requirement of the Optional Protocol (FP) is to establish a system of regular visits by independent international and national bodies to places of deprivation of liberty with the aim of preventing torture (adopted by UN General Assembly Resolution No. 57/199 dated December 18, 2002, It entered into force on June 22, 2006, after ratification by 20 states). FP emphasizes the importance of constructive dialogue and prescribes a preventive rather than a reactive approach to regulated relationships. The innovativeness of the FP is also reflected in the prevention of violations of the existing standard, the right not to be tortured, rather than any new right or standard, or restoration of violated rights.

The main idea contained in the said document is to establish a system of independent and regular visits for the purpose of monitoring the treatment and conditions of detention of persons detained in all places of deprivation of liberty, as the most convenient way to prevent torture. According to the FP, international and national institutions with a preventive mandate are created - Subcommittee and MPMs. The Subcommittee established at the international level is a new generation treaty body of the UN, being a subcommittee of the UN Committee against Torture.

According to the requirements of Article 17 of the FP, the treatment and conditions of detention of persons detained in MPM places of deprivation of liberty, which must be supported, designated or established by each participating state no later than one year after the entry into force of the protocol or its ratification or accession, at the national level is an institution that conducts regular monitoring. The mandate of MPMs includes at least the following:

- regular consideration of the issue related to the treatment of persons deprived of liberty;

- Providing recommendations to the relevant institutions for the purpose of improving the treatment of persons deprived of their liberty and their detention conditions, taking into account the relevant norms of the UN, and preventing torture;

- submission of proposals and notes on current legislative acts and draft laws.

For the successful implementation of the specified mandate, it is a prerequisite to ensure the functional independence of MPMs, as well as the independence of the staff, during the establishment.

FP was signed by the Republic of Azerbaijan on September 15, 2005 and ratified by the law dated December 2, 2008.

From the date of publication of the said law - January 15, 2009, the FP entered into force in relation to the Republic of Azerbaijan. On that date, by the Decree of the President of the Republic of Azerbaijan, it was determined that the functions of MPM were performed by the Commissioner.

In addition to acting as a base for the activities of the MPM, the commissioner's special attention to the issues of combating and preventing torture, organizing preventive measures, and conducting educational activities, this institution is independent, impartial, national with "A" status according to the "Paris Principles". the fact that it is a human rights institution was also one of the decisive factors.

Against the background of new and sufficiently responsible tasks, the need for more efficient and qualitative organization of activities has determined the expansion of the Commissioner's mandate, as well as the scope of authority of the staff. With the additions and changes made to the Constitutional Law, the Commissioner's scope of authority, as well as his independence, were brought to the level that meets the requirements for MPMs in the FP, as well as the creation of the National Preventive Group (MPG) in the Apparatus based on transparent procedures for the purpose of the Commissioner's activity as a MPM. issues such as requirements for its members, as well as guarantees of their rights and immunity have been determined.

According to the Constitutional Law, the Commissioner and the MPG at any time, without hindrance and without prior warning, to police stations, temporary detention centers, pretrial detention centers, detention centers, garrison headquarters, psychiatric institutions, detention centers for illegal immigrants and detained persons who cannot leave of their own free will. access other places; to meet and talk with detained persons, as well as any other person who can provide relevant information, one-on-one or in the presence of a specialist or translator if deemed necessary; to get acquainted with and receive copies of all documents confirming the legality of the detention of detained persons, as well as relating to the treatment of those persons and the conditions of their detention; to draw up an act, out