Is approved by the
decision
of Central Election Commission
of the Republic of Azerbaijan
dated to July 15, 2003, # 14/83
Instruction
on working rules of observers assigned by the
candidates for presidency, political parties,
blocks of political parties and non-governmental
organizations engaged in election sphere
1. In conformity with
the article 40.1 of the Election Code of the
Republic of Azerbaijan the activity of election
commissions should be transparent to voters.
1.1. The citizens of the Republic of Azerbaijan
having active voting right can be observers.
The individuals inclined to be observer should
apply to the relevant election commission with
application and submit relevant documents.
1.2. In conformity with the article 40.5 of
the Election Code the observer can conduct observation
on his/her own initiative or on the initiative
of the registered candidate, political parties,
blocks of political parties, non-government
organizations engaged in election sphere.
1.3. The registered candidate, political parties
nominating candidates, blocks of political parties
as well as non-government organizations engaged
in election sphere have the right to assign
one observer to each election commission.
1.4. According to the article 40 of the Election
Code of the Republic of Azerbaijan it is considered
to conduct observation within the whole territory
of the Republic of Azerbaijan and within the
territory of one or another constituency.
1.5. If it is considered to conduct observance
within the whole territory of the Republic of
Azerbaijan the application for conduct of observance
can be submitted to the Central Election Commission
within the period beginning from announcement
of election day to 10 days prior to election
day.
2. The registered candidates, political parties
nominating candidates, blocks of political parties
as well as non-government organizations engaged
in election sphere should specify the family
name, name, patronymic name, address, serial
number and number of identification card, as
well as their names and legal addresses. Besides,
the application should include to photos of
the observer. The Central Election Commission
reviews the received applications within 3 days
and makes decision. The application is rejected
if the information specified in the application
is disapproved. In case of approval the Central
Election Commission gives a badge to each observer.
2.1. If the registered candidates, political
parties nominating candidates, blocks of political
parties as well as non-government organizations
engaged in election sphere intend to conduct
observations within the territory of one or
another constituency they can apply to the relevant
constituency election commission (Con.EC) with
application in 5 days prior to election day.
Family name, name, patronymic name, address,
serial number and number of identification card
of the assigned observer, as well as their names
and legal addresses should be specified in the
application. Besides, the application should
include two photos of each observer. Con.EC
reviews the received applications and makes
decision within 2 days. The application can
be rejected if the information specified in
the application is disapproved. In case of approval
Con.EC gives a badge in the form identified
by the Central Election Commission.
2.2. Those observers are free of requirements
of special permissions to observe the meeting
of election commissions in the election day.
2.3. Only the observers registered by the Central
Election Commission and authorized by special
permits have the right to observe the meetings
of election commissions prior to election day.
This right should be specified in the badges
given to them.
2.4. Each of the registered candidates, political
parties nominating candidates, blocks of political
parties as well as non-government organizations
engaged in election sphere may have one observer
having this right. For that, the Central Election
Commission draws lot and observers are determined
according to the results of the lot. The number
of those observers should not exceed 10.
2.5. The observers of the candidates, political
parties, blocks of political parties as well
as non-government organizations engaged in election
sphere can independently and freely conduct
observations without any obstacle and necessary
conditions should be created.
3. The conduct of observation by the observers
assigned by the candidates, political parties,
and blocks of political parties as well as non-government
organizations engaged in election sphere is
based upon the following principles:
- there should be no pressure under the interests
of any candidates, political parties, and blocks
of political parties as well as non-government
organizations engaged in election sphere;
- the observation should be open;
- all the cases and facts related to the observed
activities should be considered;
- the results of the observation should be based
on facts;
These principles should be stated in the backside
of the badge of the observer.
3.1. The observers assigned by the candidates,
political parties, and blocks of political parties
as well as non-government organizations engaged
in election sphere have the following rights:
- to be acquainted by the list of voters;
- to observe election activities, determination
of the early and returns of election, and composition
of protocols of election returns;
- to observe preparation and giving of ballot
papers (for that, special permission should
be obtained from the Central Election Commission)
- to observe counting of votes;
- to observe re-counting of votes;
- to conduct observation of meeting of the election
commission till the election day (if the observer
has special permission of the Central Election
Commission to have this right);
- to be in the voting room of the relevant polling
station any time in the election day;
- to observe giving of ballot papers and envelopes
to put them in;
- to address the chairperson of the election
commission or acting chairperson during his/her
absence with proposals and objections
- to observe counting of ballot papers, invalidated
ballot papers;
- to require to add the results of the observation
to the protocol of the election commission;
- to get acquainted with the protocol of the
election commission on the election returns
and other documents;
- to get one authorized copy of protocols on
election returns, composed or appended attachments
to them from the beginning of voting till the
receiving of voting protocols on election day
without payment;
- to get additional copies paying on the rules
stipulated by the CEC;
- to observe counting of ballot papers and votes
in ballot box and mobile ballot box;
- to observe sending of election documents to
ConEC or the CEC;
3.2. The observers assigned by the candidates,
political parties, blocks of political parties
as well as non-government organizations engaged
in election sphere can not use their statuses
for the purposes irrelevant to elections.
4. The observers assigned by the candidates,
political parties, blocks of political parties
as well as non-government organizations engaged
in election sphere have the following restrictions;
- to give ballot papers and envelopes to put
them in to the voters;
- to complete the ballot papers in place of
the voter at his/her1 request;
- to put signature confirming the receiving
of ballot paper in place of the voter at his/her
request;
- to give questions to the voter how s/he is
going to vote or has already voted;
- to campaign among voters;
- to create obstacles to the work of election
commission;
- to interfere to the decision-making process
of other election commission;
- to answer the questions of voters those are
not relevant to the status of the observer;
- directly participate in counting process together
with election commissioners having the decisive
voting right;
4.1. The registration of observers who do not
observe the above mentioned requirements could
be canceled by a relevant court upon the application
of the election commission that registered him.
4.2. The authorities of the observers appointed
by the candidates, political parties, blocks
of political parties as well as non-government
organizations engaged in election sphere shall
be invalidated on the day of official announcement
of the results of the presidential elections
of the Republic of Azerbaijan.