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The procedure of hearing the complaint

 

   Which decisions are decided by the Commissioner of the complaints addressed to him/her?

    When complaint about human rights violation by the applicant enters the Commissioner may receive one of the decisions as follows: to receive the complaint for consideration; (article 10.1.1)
    to reject hearing the complaints; (article 10.1.2)

   During which term must the Commissioner reply the applicant on refusal of the complaint or grounding the issues?

    In case the Commissioner rejects to hear the complaint he/she makes a grounded written reply to the applicant within 10 days. (article 10.2)

    Under which cases can the Commissioner refuse of hearing the complaint?

    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.)

    If the cases shown in the anonymous complaint are maintained by enough grounded facts and evidences, those complaints may be received by the Commissioner for consideration; (article 9.3)

   When the complaint is out of the competence of the Commissioner; (article 11.1.2)

    When the court execution in connection with the complaint goes on; (11.1.4)

    When having not new information, facts and evidences in the introduced repeated complaint. (article 11.1.5)

   During which term does the Commissioner hear the complaint and inform the applicant on its result?

    The complaint is heard within 30 days; (article 12.5)

    The Commissioner gives written information to the applicant during 5 days term in connection with the complaint hearing. (article 13.1)

   Is it possible to prolong the time of hearing the complaint?

    If there is necessity to demand for an additional check up or material to hear the complaint, the term to hear the appeal may be prolonged 30 days more.

   With the written consent of the applicant the period to hear the appeal again may be prolonged if an extra verify advisable. (article 12.5)

   Which rights does the Commissioner have when hearing the complaint?

    To enter the state power and local self-government systems of Nakhchivan Autonomous Republic without obstacles and warning in advance, the army units situated in the territory of Nakhchivan Autonomous Republic; to meet with the persons kept in the prison-houses, investigating isolations, temporary keeping places and have in one on one talks with them; to see the documents affirming the legality of keeping them there and get the copies of those documents; (article 12.2.1)

    To get the necessary information, documents and materials from the state power and local self-government systems, officials of Nakhchivan Autonomous Republic during 10 days; (article 12.2.2)

    To be familiar with the criminal, civil and administrative decisions legally come into force and also with the materials have been rejected to begin a criminal case about; (article 12.2.3)

    To get written references from officials during investigation complaint; (article 12.2.4)

    In order to verify the facts stated in the complaint to task to the relevant systems (about the decision or action (inactiveness) but discounting the system was complaint about or an official); (article 12.2.5)

    To get an expert testimonial from the relevant state systems and organizations of Nakhchivan Autonomous Republic; (article 12.2.6)

    To be received without any delay by the officials of state or local self- government systems, prison houses, investigating isolations, temporary keeping places of Nakhchivan Autonomous Republic, by the commanders of the army units situated in the territory of Nakhchivan Autonomous Republic. (article 12.2.7)

    With the consent of the person whose human rights have been violated the Commissioner may carry out investigations in the cases having special importance or in the cases when the interests of the persons are violated but they are not able to defend their rights personally; (article 12.4)

    If the cases have not been shown in the complaint are discovered during investigation and investigating of these cases were in the competence of the Commissioner the process is held by him/her, but if not belonging to the competence of the Commissioner the materials are addressed to other state systems of power.(article 12.5)

 







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