The ombudsman plays a crucial role in maintaining the rule of law in contemporary society. Today, the individual responsible for protecting human rights is commonly referred to as the Ombudsman, although they may operate under different names in various countries. "Ombudsman" comes from the Swedish word "ombud” or “umbud." Swedes and other Scandinavians interpreted the term "ombudsman" to mean "trusted" or "representative person". In the past, ombudsmen were individuals appointed by the monarchy to oversee the actions of officials and judges on behalf of the supreme authority during the absolute monarchy. The ombudsman has become a parliamentary body due to the transition to a constitutional monarchy, reflected in Sweden's constitution of 1809.

The spread of ombudsman institutions in countries around the world laid the foundation for the International Ombudsman Institute in 1976. This institute brings together more than 50 national institutions to contribute to developing the ombudsman concept through research, education, publications dissemination, information exchange, and regional and international conferences.

The University of Innsbruck (Austria) employees initiated a European scientific society in 1982 to research ombudsman institutions. In 1988, this society was granted the status of an international public organization and is now recognized as the European Ombudsman Institute.

At the 1997 summit of the heads of member states of the Council of Europe in Strasbourg, a decision was made to establish the role of Commissioner for Human Rights of the Council of Europe.

Following the restoration of its independence in the late 20th century, Azerbaijan, as a sovereign entity under international law, opted for a development trajectory rooted in democratic, legal, and secular state construction based on universal principles. However, the country encountered significant challenges during the initial years of its independence.

It was only when National Leader Heydar Aliyev returned to political power for the second time in 1993, due to popular demand, that comprehensive measures were implemented in this field, and human rights protection was established as a key focus of state policy.

The establishment of the Ombudsman institution, which serves as an effective mechanism for safeguarding human rights and freedoms, was inspired by the successful experiences of advanced nations worldwide. This initiative is closely linked to the name of Heydar Aliyev, the National Leader.

The institution of an ombudsman for human rights in Azerbaijan was initially outlined in a Decree signed by the Great Leader acting as the President of the country on February 22, 1998. This Decree was titled "On the measures regarding maintenance of human rights and freedoms of a person and citizen" which was further supported by the State Program on the Protection of Human Rights approved by another Decree on June 18, 1998, which detailed the goals and objectives related to this initiative.
Due to the efforts and dedication of Great Leader Heydar Aliyev, significant steps were taken to establish the necessary legal and technical framework for the successful operation of the Ombudsman institution in our country, serving as an important legal protection mechanism outside the court system.

Therefore, the Constitutional Law "On the Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan" was passed on December 28, 2001, due to reforms to set up the necessary legal and material-technical framework for the Ombudsman institution. On March 5, 2002, the head of state signed a decree to implement this law, establishing a legal foundation for the institution's formation and operation. On July 2, 2002, the first Ombudsman of the Republic of Azerbaijan was elected by the Milli Majlis with 111 votes out of 112, chosen among three candidates nominated by the President of the Republic of Azerbaijan. The Office of the Ombudsman started to accept appeals on October 28, 2002.
The fact that the Constitutional Law, which has the highest legal authority governs the functions of the Ombudsman demonstrates the importance our state places on human rights.  This further demonstrates the nature of the Ombudsman institution as a depoliticized, independent, and impartial entity that plays a crucial role in human rights by serving as a mediator between the state and society.

According to the Constitutional Law, the Commissioner operates independently and is bound solely by the Republic of Azerbaijan’s Constitution and laws. Nevertheless, the institutions’s independence is ensured by immutability, inviolability, and the prohibition of interference from any state or local governing body or official, as well as by material and social guarantees. The Commissioner's activities continue even during a state of emergency or martial law, without suspension or limitation.

The Ombudsman institution, serving as an independent legal protection mechanism outside of court, is established to uphold human rights and freedoms outlined in our country's Constitution and international treaties. It aims to address violations by state and local self-governing bodies and officials, as well as prevent human rights violations in cases specified by Constitutional Law, ultimately striving to uphold the highest goal of our state.

The main activities of the Ombudsman involve carrying out the tasks of the national preventive mechanism as outlined in the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. This includes visiting places where detained individuals are unable to leave of their own accord, monitoring adherence to the Law on Access to Information by state and local authorities, collaborating with national and international organizations, providing recommendations to the President on issues like amnesty, citizenship, and political asylum, submitting legislative change proposals to the Milli Majlis regarding human rights and freedoms and advocating for amnesty, handling complaints about delays and mishandling of court documents and decisions, and addressing a variety of human rights abuses in different areas.

The Ombudsman has the authority to intervene in cases of human rights violations that are of particular public significance. If the Ombudsman's usual powers are not enough to address the violation, they can escalate the issue by reaching out to the President, presenting a report to the Milli Majlis, seeking legal action to restore the violated rights due to governmental decisions or actions, and appealing to the Constitutional Court when existing laws violate a person's rights.

The Ombudsman conducts regular visits to police stations, temporary detention facilities, pretrial detention facilities, prisons, garrison guard rooms, psychiatric and social service institutions, and other places where detainees are unable to leave voluntarily. The Ombudsman pays special attention to protecting the rights and freedoms and ensuring the legal interests of individuals in these facilities. By holding meetings with the individuals held in detention, their grievances and conditions of confinement are inspected in real-time, with any concerns regarding their appeals being brought forward to the appropriate authorities.

The successful political legacy of National Leader Heydar Aliyev is being upheld today under the leadership of President Ilham Aliyev, with the active support of Mehriban Aliyeva, the First Vice-President and President of the Heydar Aliyev Foundation, in line with the priorities of the modern era. As a result, Azerbaijan has made significant progress in human rights and has positioned itself favorably among developing countries on numerous criteria.
During recent legal reforms, our country has approved and implemented new state programs, strategies, national action plans, concepts, and strategic roadmaps to promote comprehensive development. In addition, our state has become a party to multiple international agreements regarding human rights and freedoms, with this process continuing to evolve.

In this regard, it is necessary to highlight the approval of the First National Action Plan for the Protection of Human Rights in 2006 and the National Program for Action to Raise Effectiveness of the Protection of Human Rights and Freedoms in the Republic of Azerbaijan in 2011 by President  Ilham Aliyev following the State Program for the Protection of Human Rights approved by Great Leader Heydar Aliyev on June 18, 1998.
 
On June 18, 2007, President Ilham Aliyev declared June 18 Human Rights Day in the Republic of Azerbaijan. This decree, which marked the approval of the first State Program for the Protection of Human Rights by National Leader Heydar Aliyev, demonstrates our nation's unwavering dedication to safeguarding human rights as an independent state.

With President Ilham Aliyev actively supporting legal reforms, the Ombudsman institution has gained a strong reputation domestically and internationally. It has been consistently evolving to meet the demands of the new time and fulfill the country's international obligations.

Recommended literature:

1. Azərbaycanda Ombudsman təsisatı : elmi versiyalar / M. Cavad [et al.] ; tərc. M. Nəcəfov ; AMEA İnsan Hüquqları İnstitutu. - Bakı: [n. y.], 2001. - 98 s.
2. Azərbaycan Respublikasında Ombudsman təsisatı və insan hüquqlarının inkişafı : elmi-praktiki konfransın materialları = Ombudsman in the Republic of Azerbaijan and promotion of Human Rights : materials of the scientific-practical conference / tərt. Z. H. Əliyev ; red. E. T. Süleymanova. - Bakı : Bakı Universiteti Nəşriyyatı, 2007. - 428 s.
3. Aslanova, Günel İldırım qızı. Xarici ölkələrdə Ombudsman təsisatı / G. İ. Aslanova ; red. R. F. Məmmədov. - Bakı : Şirvannəşr, 2007. - 118 s.
4. İnsanların əsas hüquq və azadlıqlarının müdafiəsi / bur. məsul E. M. Əfəndiyev. - Bakı : Hüquq ədəbiyyatı, 2011. - 176 s.
5. Azərbaycan Respublikasının İnsan Hüquqları üzrə Müvəkkili (Ombudsman) - 10 il : 2002 - 2012 / Azərbaycan Respublikasının İnsan Hüquqları üzrə Müvəkkili (Ombudsman) ; tərt. M. Əmirəliyev [et al.] ; elmi məsl., red. E. T. Süleymanova ; elmi red.: A. Səfixanlı, Z. Əliyev. - Bakı : Vəfa Print, 2013. - 412 s.
6. İnsan hüquqları sahəsində beynəlxalq əməkdaşlıq / Azərbaycan Respublikasının İnsan Hüquqları üzrə Müvəkkili (Ombudsman) ; tərt. Z. Vəliməmmədli ; red., ön sözün müəl. E. T. Süleymanova ; red. Z. Əliyev. - Bakı : RS Poliqraf MMC, 2015. - 352 s.