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The procedure of the appeal to the Commissioner

 

    Rules to apply the Commissioner are regulated by the Law of Nakhchivan Autonomous Respublic "On the Commissioner (Ombudsman) for Human Rights of Nakhchivan Autonomous Republic".

  Under  which cases is it possible to apply the Commissioner?

    Human rights and freedoms enshrined in the constitutions of the Azerbaijan Republic and Nakhchivan Autonomous Republic and in the international treaties to which the Republic of Azerbaijan is a party, violated by state and local self-government systems and officials of Nakhchivan Autonomous Republic. (article 1.1)

   Who can apply the Commissioner?

    the citizen of the Republic of Azerbaijan whose rights have been violated in Nakhchivan Autonomous Republic;

    foreigners;

    persons without citizenship;

    juridical persons;

    by the consent of the person whose rights have been violated;

    the third persons;

    non-governmental organizations;

    in the prison houses;

    in the investigating places;

    persons kept in the places of temporary detention of Nakhchivan Autonomous Republic.

   The complaints addressed by these persons must be sent to the Commissioner during 24 hours without any delay.

   State systems cannot make a complaint to the Commissioner. (article 8)

   Does it restrict the applicant to apply the other state bodies for the purpose to protect own violated rights after applying the Commissioner?

    The activities of the Commissioner shall not restrict and substitute the competence of other governmental bodies ensuring the protection of and restoration of violated human rights and freedoms. (article 1.2)

   During which term can be complained the Commissioner?

    A complaint may be made within a year since the time the rights of the applicant have been violated or since when the day the applicant is informed about. (article 8.4)

   Under which form can be complained the Commissioner?

    The complaint to the Commissioner can be given

    in written form;

    in oral form

    If the complaint is made up orally the employee of the Commissioner machinery registers the content of the complaint in the special list and the applicant signs the list. (article 9.4)

   Which information should be pictured in the complaints forwarded the Commissioner? 

    The below stated information should be shown in the complaintson human rights violation:

    name, surname and patronymic of the applicant;

    adress;

    the importance of the decision or act (inactiveness) which violated the rights of the applicant;

    place of compiling and time;

    the applicant's signature;

    if there are other materials or decision by the court connected with the complaints may be added to the complaints.

   With the request of the applicant the Commissioner must keep secret the information about him/her. (article 9.5)

   Can persons in the prison houses investigating places and in the places of temporary detention of Nakhchivan Autonomous Republic can apply the Commissioner?

    Persons in the prison houses investigating places and in the places of temporary detention of Nakhchivan Autonomous Republic can apply the Commissioner. (article 8.5)







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