Everyone
has the constitutional right to appeal to the human rights defender: RA
citizens, foreigners, stateless and other persons, as well as legal entities.
Physical
and legal persons may apply both personally and through the online application,
as well as through the Office of the Defender or his representative. It is also
possible to apply to the Defender orally.
If you
think that your state or local self-governing body, an official, as well as an
organization that is delegated by state and local self-governing bodies, have
violated your right enshrined in the Constitution and laws, you can apply to
the Human Rights Defender.
Among the
issues subjected to the Defender's consideration there are alleged violations
of human rights and freedoms by public service organizations. However, in this
case there should be an information that massive violations of human rights or
freedoms have occurred, or whether the issue has a public interest or is
connected with the protection of the interests of those who cannot do it
independently.
Within 30
days after receiving the complaint, a complaint review is carried out on the
basis of which the defender makes one of the following decisions and notifies
the person who filed the complaint:
1) on
accepting the complaint for consideration;
2) on not
considering the complaint;
3) on
presenting the possibilities of protecting his or her rights and freedoms to
the person who filed the complaint;
4) on
transferring the complaint for consideration to another body.
In
addition to initiating a complaint proceeding procedure, the Defender can hold
a discussion on his own initiative and implement all the powers vested in him,
carried out in connection with consideration of the complaint. The Human Rights
Defender initiates a procedure for consideration of the issue if there are
massive violations of human rights, if it relates to a public issue, if the
rights of people who cannot independently protect their interests have been
violated.
Based on
a complaint or discussion initiated on his own initiative, the Defender makes
one of the following decisions:
1) on
presence of a violation of human rights or freedoms;
2) on
absence of a violation of human rights or freedoms;
3) on
filing a claim to the court for the recognition of fully or partially invalid
normative legal acts that violate human rights or freedoms, contrary to the law
and other legal acts;
4) on
terminating the consideration of the complaint.
On the
basis of the systematic issues raised during the discussion of individual
cases, the Defender proposes legislative amendments and submites applications
to the Constitutional Court.
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