The Commissioner institution is a new body in the field of human rights defenc in the Republic of Azerbaijan and Nakhchivan Autonomous Republic as an integral part of it. Due to the current principles and practice the Commissioner s activity doesn t restrict and substitute the activity of the other state bodies which provide the protection and rehabilitation of human rights and freedoms. Along with direct influence in realizing the rights and freedoms of human by state bodies, it only renders its help to extend the activity of these bodies, state and self-government institutions, in lifting the defects in the activity and inactivity of positional persons.
The questions connected with the key direction of the Commissioner activity is regulated by the Law of Nakhchivan Autonomous Republic "On the Commissioner (Ombudsman) for Human Rights of Nakhchivan Autonomous Republic".
The article 1.1 of the Law of Nakhchivan Autonomous Republic "On the Commissioner (Ombudsman) for Human Rights of Nakhchivan Autonomous Republic" says that the "position of the Commissioner (Ombudsman) for Human Rights of Nakhchivan Autonomous Republic (hereinafter referred to as "the Commissioner") shall be set up to restore the human rights and freedoms enshirned in the Constitutions of the Azerbaijan Republic and Nakhchivan Autonomous Republic and in the international treats to which the Republic of Azerbaijan is a party, violated by state and local self-government system and officials of Nakhchivan Autonomous Republic and prevention of human rights violation in the cases as specified by this law".
The followings concern to the key directions of the Commissioner activity:
hears the complaints of the citizen of the Republic of Azerbaijan, foreigners, persons without citizenship, persons registered in Nakhchivan Autonomous Republic or juridical persons acting here, also hears the complaints on human rights violation in Nakhchivan Autonomous Republic and takes relevant measures for their rehabilitation;
makes an offer to the higher positional person of Nakhchivan Autonomous Republic connected with pardoning and citizenship issues;
hears the complaints connected with tape-recording , documents loss or not submitting timely in the courts of Nakhchivan Autonomous Republic;
also, hears the complaints connected with the court decision execution delay on human rights violation;
prepares yearly report of own activity and submits itto the higher positional person of Supreme Majlis of Nakhchivan Autonomous Republic and makes a report before the Supreme Majlis of Nakhchivan Autonomous Republic with the same report:
Along with this the Commissioner obtains the below stated rights in the process of investigating the cases pictured in the complaints on human rights violations:
to enter the state and self-government bodies of Nakhchivan Autonomous Republic without obstacles and without warning in advance, the military units located in the area of Nakhchivan Autonomous Republic, prison houses, places of temporary detention;
to meet with the persons in the prison houses, places of temporary detention and have a talk in one on one; to see the documents showing the authenticity of their places they are kept in and get the copies of those documents;
to get the necessary information, documents and materials from the state power and self-government bodies within 10 days;
to see the materials showing the lawful decisions in effect on criminal, civil and administrative issues and also the materials denying the beginning of the court case;
to get written references from the positional persons while investigating the complaints;
to set a task to the relevant bodies while inspecting the cases described in the complaints (excluding the body or positional person about whose decision or act (inactiveness) there is a complain);
to get expert views from the relevant state bodies and organizations of Nakhchivan Autonomous Republic;
to be received by the leadership of the state local government, prison houses, places of temporary detention of the Nakhchivan Autonomous Republic and by the commanders of the military units located in the area of Nakhchivan Autonomous Republic without any delay;
in the cases of special importance by the consent of the person whose human rights have been violated;
carry out the investigation with own initiative in case the persons have not personal ability to protect own rights individually;
In case cases not have been noted in the complaints during investigation and if such cases could belong to the authority of the Commissioner it does it, but if not the materials are sent to the other authorized bodies.