1 What are the main duties of the Commissioner?
The main task of the Commissioner for Human Rights of the Republic of Abkhazia is to protect and promote human rights and fundamental freedoms in the Republic. .
To take actions to prevent violations, as well as to assist in the restoration of violated rights and freedoms of an individual and a citizen of the Republic..
Assist in bringing RA Human Rights Legislation in line with the Constitution, as well as international treaties and agreements.
Implement measures aimed at preventing and eliminating various forms of discrimination against a person.
Assist in promoting educational activities in the field of human rights and freedoms.
Enhance international cooperation in the field of human rights.
2 Submission of complaints to the Commissioner
Who may address the Commissioner with a complaint or concern?
Citizens of the Republic of Abkhazia, foreigners and stateless individuals as well as groups of citizens can apply to the Commissioner for help in protecting their rights.
3 Important information
Before submitting a complaint to the Commissioner, it is advisable to make sure that a breach of human rights or discrimination has occurred. Therefore, we recommend first consulting Lawyers for Human Rights at public reception offices.
In accordance with the law, the Ombudsman examines complaints on actions or omissions by state bodies, self-government institutions and authorities only if the applicant has previously appealed against these actions (omissions) in a judicial or administrative manner, but does not agree with the outcome.
The Ombudsman may dismiss recurring complaints, where the final decision on invoked illegality has already been reached, unless they contain information on newly revealed circumstances.
The Ombudsman’s Office is not a part of the executive branch, and does not have the power to annul, revoke or amend decisions of public authorities. Decisions of the Human Rights Commissioner are not binding, but recommendatory.
4 Ombudsman’s action upon complaints related to violations of human rights and freedoms
The Human Rights Commissioner shall send the conclusion to state body, self-government institution or authority, in whose decision or actions (omissions) he finds a violation of rights and freedoms of an individual and a citizen, with his recommendations regarding possible and required measures for the restoration of these rights.
5 The Commissioner has the right to:
Freely visit the premises of all state bodies, self-government institutions and meetings of their central administrative boards. Get access to organizations or enterprises irrespective of their organizational or legal status, and to pay visits to military units.
To request assistance from competent state bodies, local government bodies and officials in conducting inquiries into alleged facts, presented in complaints.
To request and receive, in due order, from State bodies, self-government bodies and officials, information and documentation necessary for consideration of complaints.
To get acquainted with criminal and civil cases, cases involving administrative offences, cases in respect to which proceedings have been terminated, materials for these cases with the opportunity to copy all the necessary information.
To attend at any time places of detention, pre-trial detention facilities, penal enforcement institutions and compulsory treatment and rehabilitation centres, to interview the detainees in private, receive information about conditions of their detention and inspect the documentation certifying the legality of their stay in these institutions.
The Ombudsman may request the Constitutional Court to declare the unconstitutionality or illegality of any laws or legal provisions that undermine human and civil rights and freedoms.
On matters of his/her competence the Ombudsman enjoys the right of free access without delay to the heads of state bodies, self-government institutions and other officials.
6 In cases when public official or administration member did not respond in due time to the Ombudsman's statement, and did not report on the measures taken to ensure redress for the citizens whose rights had been violated, the Commissioner would be auth to:
1) Bring legal action with view to ensure protection of the rights and freedoms, violated by decision or acts (omissions) of a governmental or municipal body, or an official. The commissioner is also entitled to participate in judicial process in the manner determined by law.
2) Appeal to the competent state bodies with request to impose disciplinary or administrative penalty, or to institute criminal proceedings against officials, whose decisions or acts (omissions) led to the violation of citizens' rights and freedoms.
3) Petition the Office of the Procurator-General to review the enforced court decision, sentence, ruling or decree.
State bodies, self-government bodies and officials who receive the Ombudsman's statement, should review it within 10 days and report the results back to the Ombudsman in writing, if not established otherwise in procedural legislation of RA.
- The Commissioner/Our Work