Charter of “Prison Watch” Public Association
I. GENERAL PROVISIONS
1.1. “Prison Watch” Public Association (hereafter called the Association) is a non-governmental organization united on the basis of general interests, established on the ground of voluntariness and principles of law equity of its members, not providing getting profit as a basic purpose of its activity and not sharing its income among its members. The activity of the organization covers the whole territory of the country.
1.2. The Association realizes its activity due to Constitution of the Azerbaijan Republic, the law of the Azerbaijan Republic on NGOs (public associations and foundations), other normative judicial acts and the present Charter.
1.3. The Association gains the status of a judicial person since it was registered at the Ministry of Justice of the Azerbaijan Republic. The Association possesses independent balance, stamp with its name, bank accounts and other requisites.
1.4. Location of the Association: 11, Bulbul avenue, apt. 1, Baku, Azerbaijan
II. PURPOSES AND OBJECTIVES OF THE ASSOCIATION
2.1. Main purpose of the activity of the Association consists of the realization of public control over institutions of confinement in the Azerbaijan Republic.
2.2. To gain its purpose, the Association carries out the following objectives:
– to realize protection of rights of sentenced people within human rights defined by international and local legislative acts;
– to propagate demands of International Convention on Human Rights;
– to assist compliance of penal facilities and rules on behaviour with inmates, with international rules;
– to propagate application of new non-custodial penalties and public influence methods against infringements;
– to assist wide cooperation of international organizations and NGOs;
– to carry out monitoring on situation with human rights in detention institutions;
– to protect youth and juvenile rights in penal institutions;
– to inform the community on the results of the monitoring;
– to carry out scientific and investigation work.
2.3. The Association implements the following duties to gain its goals:
– Organizes different courses and seminars, round tables and meetings, exhibitions; holds conferences, charity ceremonies and other mass cultural actions;
– Spreads freely the information on its goals and activity; establishes printed editions in the order fixed in legislation;
– Joins measures of organizations, functioning abroad, not contradicting its goals and interests.
2.4. The Association can not take part in elections of the President of the Azerbaijan Republic, Milli Majlis and municipalities.
III. THE RIGHTS OF THE ASSOCIATION
3.1. The Association has the following rights:
– To make a vow by its name, to gain possession and private non-possession rights, to assume posts, to participate as plaintiff or defendant at the Court;
– To spread freely information on its activity;
– To found subsidiaries and representation in the territory of the Azerbaijan Republic and abroad;
– To join various INGOs, to establish alliances united on the basis of voluntariness principle; to partake in establishment of judicial persons’ unions; join that unions;
– To open bank accounts and to account;
– To possess independent balance, stamp, seal and other requisites;
– To deal with ownership activity relevant to Charter goals and not provided by legislation.
– To use other rights determined by legislation of the Azerbaijan Republic.
IV. PROPERTY AND FINANCIAL ACVTIVITY OF THE ASSOCIATION
4.1. There are buildings, devices, apartments, equipments, stocks, money allocation, shares, securities and property types, not banned by legislation for financial provision of activity, stipulated in this Charter under the disposal of the Association.
4.2. The Association is responsible for its obligations with its property. This property could be changed entirely only in conformity with the law of the Azerbaijan Republic.
4.3. The sources of formation of the Association property as money and other forms are as follows:
– Regular or once for all membership dues of the founders or Association members;
– Property fees and donations given by offices, enterprises, local and international organizations, as well as citizens voluntarily.
– Dividends and incomes gained from shares, loans, other securities and other investments;
– Profits gained as a result of use and sale of own property;
– Profits gained from exhibitions, concerts and other actions;
– Profits gained as a result of the activity of the institutions, set up by the Association;
– Other profits, not banned in the legislation.
4.4 The members of the Association do not possess special rights over separate objects included into the property of the Association.
4.5. The Association possesses right of owner and giving order over its property in conformity with the goals of its activity and appointment of the property in the order, determined by the law of the Azerbaijan Republic.
4.6. Aimed resources included into the account of the Association can not be expended in other directions.
4.7. The Association can not provide political parties with financial and other material aid.
4.8. The Association compiles a report on finance; statistics and so on in the order fixed in the legislation and submits them to state bodies.
V. FOUNDERS AND MEMBERS OF THE ASSOCIATION. THEIR RIGHTS AND OBJECTIVES
5.1. Founders of the Association can be juridical persons (with exception of government and local self-governmental bodies) or manuals aged 18.
5.2. Founders possess equal rights. Mutual attitudes, rights and objectives of the founders are determined by legislation, or by agreement signed among them or by this Charter.
5.3. Any manual and juridical person in the Azerbaijan Republic (except state bodies and self-governmental bodies) can be the members of the Association. Founders of the Association are also considered the Association members.
5.4. Admission of the Association members is implemented by Administrative Board of the Association.
5.5. Administrative Board is applied in writing for entering the Association. Application is considered within a month. Applicant is considered to be elected as Association member when more than half of Administrative Board members expressed their positive attitude towards this issue as a result of the voting.
5.6. Being equal in rights, the members of the Association have the following rights:
– to participate in ruling of the organization in the order provided in this Charter and other documents;
– to elect elective, as well as chief body of the Association and embody those structures;
– to participate in the activity and measures of the Association;
– to be informed on the activity of the ruling bodies of the Association, control their activity; to appeal the Association to assist protection of their interests;
– to participate privately in discussion of any issue regarding its rights and objectives; to protest and lodge an appeal to corresponding bodies of the Association;
5.7. The member of the Association can embody that body or deliver statement on behalf of its name only when, he is given competence by corresponding bodies of the Association;
5.8. The members of the Association have the following objectives:
– to conform to the Charter of the Association;
– to fulfill decisions of electoral bodies of the Association;
– to conform to demands of the Charter;
– to participate in actions of the Association.
5.9. Quantity of membership dues to the Association is determined by the Administrative Personnel of the Association.
5.10. Membership to the Association is terminated in the following cases:
– leaving voluntarily the Association as a member;
– being excluded from the Association membership.
5.11. The member of the Association is excluded in the following cases:
– Admitting acts disgracing the Association;
– Evading participating continuously in the work of the Association;
– Acting contradictory to Charter purposes.
5.12. Exclusion from membership and establishment work can be realized by the decision of Administrative Board of the Association.
5.13. The member of the Association has right to lodge complain to high body of the Association and to Court about the decision.
VI. ORGANIZATIONAL STRUCTURE AND RULING BODIES OF THE ASSOCIATION
6.1. The highest body of the Association is Assembly summoned no less than once a year.
6.2. Assembly is summoned in initiative of executive body of the Association, one of the founders or one third of its members.
6.3. The founders and members should be informed on the place and date of the Assembly two weeks ago.
6.4. Competences of the Assembly include:
– Adoption of the Charter of the Association and making amendments to it;
– Formation of the property of the Association and determination of its utilization principles;
– Institution of executive bodies of the Association and pre-term cease of their competences;
– Confirmation of annual report;
Participation in other organizations;
– Reorganization and abolition of the Association;
– Listening of reports of executive body leaders of the Association;
6.5. Assembly is considered competent in case only more than half of the Association members participate there.
6.6. Decisions on issues discussed in Assembly are adopted by simple majority of vote. Each member has one vote. 2/3 votes are needed for making decision on amendments and appendixes to the Charter, as well as reorganization and abolition of the organization.
6.7. Current ruling of the Association activity is implemented by Administrative Board of the Association.
6.8. Executive body is Administrative Board, consisted of a chair of the Association, his deputies and other persons.
6.9. Administrative Board is a collegial executive body having the following competences:
– Adoption and dismissing from membership of the Association;
– Forwarding proposals and projects;
– Establishing branches of the Association and opening representations;
– Settling all matters not included into prerogative of other ruling bodies of the Association;
6.10. Administrative Board is considered competent in case when more than half of its members participate and is adopted by simple majority of vote under the decision.
6.11. Chair, deputies and other members of the Administrative Board are elected for the term of two years by the Assembly of the Association.
– Embodies Association, make agreements on behalf of the Association, gives power of attorney, and organizes execution of decisions of Assembly and Administrative Board;
– Carries out other functions imposed on him by Assembly under the Charter.
6.13. Control inspective commission of the Association realizes control over compliance of activities of officials and members of the Association with Charter as well as financial activity of the Association. The number of control inspective commission members is determined by the Assembly. Proxy term of the commission is 2 years.
Decisions of control inspective commission are adopted by simple majority of vote.
6.14. Control inspective commission should consider appeals entered from the bodies of the Association including its members, and respond them within a month.
VII. TERMINATION OF ASSOCIATION ACTIVITY
7.1. The activity of the Association is terminated through its re-organization (combination, joining, division, separation, transformation) and elimination. Termination of the Association activity is carried out in the order fixed in existent legislation.
7.2. According to the law on termination of Association activity, abrogation commission is established. All competences concerning ruling of the Association are accredited to the commission. The abrogation commission compiles an abrogation balance. During the elimination of the Association the property remained after accounting and payment of creditorsâ€™ demands is directed to the purposes of Charter in the order determined by the law, but to state budget only in case of impossibility. Abolition of Association is implemented due to Civil Code of the Azerbaijan Republic and other legislative acts.
VIII. OTHER TERMS
8.1. Issues not stipulated in this Charter are determined by the legislation.
8.2. Provisions of the legislation are applied in case the Charter provisions are contradictory to the legislation in the future.