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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	61
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: Yes. According to the Law on Ombudsman approved Dec. 28, 2001, the Ombudsman Institute was established in Azerbaijan.

References: Reference: The Law on Ombudsman of Azerbaijan Republic.

Peer Review Comments: According to domestic law, there are two ombudsmen institutions in Azerbaijan. One focuses on human rights-related issues, the other on access to information law.

However, the ombudsman on information has not yet been operating as of the end of November 2007. Neither one covers the entire public sector.

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: According to the Law on Ombudsman (article number 2), the chairman of the Ombudsman Institute is an independent person elected from three candidates by the parliament. Eighty-three votes out of 125 are required.

References: Reference: The Law on Ombudsman of Azerbaijan Republic.

Peer Review Comments: According to the Article 5 of the Law on the Ombudsman, the commissioner shall be independent and obey only the Constitution and laws of the Republic of Azerbaijan.

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: The chairman of the Ombudsman Institute was elected in 2003 for seven years. This period is determined by the Law on Procurement (article number 4). In practice, however, it is hard to say that the ombudsman is protected from political interference.

References: Reference: Interview with S.Ibrahimli, chairman of the Political and Social Studies Center (August 2007). Reports by Council of Europe. Reports by Institute for Democracy and Peace.

Peer Review Comments: The first commissioner, Ms. Elmira Suleymanova, was appointed by the Parliament on July 2, 2002, based on the nomination of the president -- not in 2003, as was indicated by the social scientist.

In addition, she is heavily influenced by the President's office. She does not have a strong and independent reputation in Azerbaijan as an ombudswoman.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: There is no case in Azerbaijan where the ombudsman was removed from office. The government, however, can do it any time without relevant justification, if needed.

References: Reference: Interview with Rovshen Agayev, independent expert. Reports by HR Defende Organizations in Azerbaijan. "Azadlig" newspaper. www.azadliq.az

Peer Review Comments: So far, the ombudswoman is the first Human Rights Commissioner in Azerbaijan. Considering her marginal role and influence as an ombudswoman, there is no need to remove her from the office. She is quite a suitable person for the government.

In addition, the commissioner's authority may be terminated only by a decision of the Parliament of Azerbaijan, taken by an 83 vote majority, following a motion of the Prosecutor General.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: Yes. The Ombudsman Institute has a professional, full-time staff.

References: Reference: Annual Reports of The Ombudsman Institute. Interview with The Ombudsman Institute staff. www.ombudsman.gov.az

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: In practice, the Ombudsman Institute is under pressure from the office of president, and without its permission, the ombudsman can not really make decisions.

References: Reference: Interview with Rovshen Agayev, independent expert. Report by HR Defence Organizations. Reports by International Organizations. [ LINK ]

Peer Review Comments: It's hard to gauge the pressure from the president's office.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: The ombudswoman receives regular funding from the state budget.

References: Reference: The Law on Ombudsman and Law on State Budget of Azerbaijan Republic. Reports by Ombudsman Institute. www.ombudsman.gov.az Reports by "Azadlig" newspaper. www.azadliq.az

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: Yes, the reports can be downloaded from the Ombudsman's site.

References: Reference: [ LINK ] Reports by Watch Dog Organizations in Azerbaijan.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The ombudsman very seldom initiates investigations in Azerbaijan.

References: Reference: Reports of HR Protection Organizations, including Institute of Peace and Democracy. Interview with independent experts.

Peer Review Comments: The office of the Ombudsman initiates investigations in cooperation with law enforcement and/or other agencies.

Peer Review Comments: I can't remember any situation when the ombudsman has initiated an investigation in Azerbaijan.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: Not really. There are no cases on this matter.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007). Reports by Watch Dog Organizations. Reports by Ombudsman Institute. [ LINK ]

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: The government acts on the findings of the Ombudsman Institute.

References: Reference: Interview with Mehemmed Talibli, chairman of Economic Innovation. Reports by Institute for Democracy and Peace.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: According to the Law on Ombudsman (articles 10, 12 and 13), requests must be reviewed within 30 days. In practice, it does not work for all cases.

References: Reference: "Yen Musavat" newspaper ( 2007). Reports by Watch Dog Organizations in Azerbaijan.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: The Law on Ombudsman (article 14) requires providing such access. The ombudsman has to submit the annual report to the president and gives a speech in the Parliament. The speech is required to be published in an Azerbaijan newspaper.

References: Reference: Law on Ombudsman of Azerbaijan Republic.

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: Annual reports are published in the newspaper and posted on the Web site.

References: Reference: [ LINK ] www.azerweb.com/en/report.php?id=589 -

Peer Review Comments: There have been instances when delays were experienced.

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Annual reports are published in the newspaper and posted on the Web site, which is free to use.

References: Reference: [ LINK ] www.azerweb.com/en/report.php?id=589 -