The Human Rights Defender or his authorized
representative has the power to visit, in an unimpeded manner, any state or local
self-government body or organisation during examination or consideration of a complaint. In addition, the Defender, on the basis
of international convention status, also has the opportunity to conduct
monitoring visits. In each case, the confidentiality of the visits is
maintained, they are implemented without prior notice.
These two types of visits differ in the basis and purpose
of implementation. In the first case, the basis is the individual complaint or
the issue under consideration upon own initiative. The basis for the monitoring
visit is the periodic review of the conditions and the status of the rights ensuring of persons living or those deprived of their liberty in the respective
institutions, irrespective of their individual complaints.
Monitoring visits are also carried out within the
framework of the Defender’s mandate as the national institution on monitoring the implementation of the provisions of the UN Conventions on the Rights of the Child and on the Rights of Persons
with Disabilities. Monitoring visits are made to institutions implementing care
and protection.
Since the RA Constitutional Law on the Human
Rights Defender has come into force, effective mechanism based on
the international well known principles on
complementing functions of the Defender as
the
conventional body and the ombudsman was accepted.
In particular, the initial separation of the types of
visits does not imply that during the monitoring visits attention is
not paid to the individual complaints and issues raised in them. Moreover, they are, in some ways, guiding milestones
for those who implement a monitoring visit, who prior to the visit, inter
alia
are discussing the complaints on a particular institution
addressed to the Defender. It is noteworthy that personal complaints received
during the monitoring visits are also subject to discussion. If possible, the
issues raised therein are resolved on-site or transferred to a specific subdivision
of the Defender's Office dealing
with individual complaints.
Thus, the individual
cases that have arisen during the monitoring are transferred to the subdivision
responsible for their discussion, and vice
versa, issues of a systemic nature identified by individual complaints are
presented to the persons conducting monitoring, ensuring a flexible system of information exchange.
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