Approved
by Decision #29/231 dated on
September 8, 2003 of the Central Election
Commission of the Republic of Azerbaijan
INSTRUCTION
on rules for the observation of citizens of
the Republic of Azerbaijan on their own initiative
during the Elections
1. Activity of domestic
observers (hereafter referred to as observers)
during the Presidential Elections of the Republic
of Azerbaijan shall be regulated pursuant to
Articles 40, 41, 42, 43 and 44 of the Election
Code of the Republic of Azerbaijan.
1.1. Each citizen of the Republic of Azerbaijan
with active suffrage can conduct observation
on his/her own initiative.
1.2. An application on the observation in the
whole territory of the Republic of Azerbaijan
shall be submitted to the Central Election Commission
of the Republic of Azerbaijan since the declaration
of elections up to 10 days prior to the conduct
of elections. The application should contain
surname, name, patronymic, address of residence,
serial number of ID card or its substitute document
of the person, if necessary, name of the candidate
to presidency whose interests will be represented,
name and legal opportunity of non-governmental
organization and political party (block of political
parties). Two photos should be attached to the
application. Decision on each application should
be adopted within 3 days since date of its submission.
The conduct of observation can be rejected only
if the information indicated in the application
is not approved.
1.3. If the conduct of observation is allowed
then the Central Election Commission should
provide the observer with ID card.
2. Application on the observation in the territory
of the constituency shall be submitted to the
relevant Constituency Election Commission (Con.EC)
since the declaration of elections up to 5 days
prior to the conduct of elections.
2.1. When the conduct of observation is allowed,
the relevant Con.EC shall provide the observer
with the ID card prepared in the form defined
by the Central Election Commission.
2.2. If the election commission rejects the
conduct of observation, then in the case of
not ensurance of the complaint from the election
commission by the Central Election Commission,
the complaint can be submitted to the Appeal
Court of the Republic of Azerbaijan.
2.3. Observers can observe the implementation
of election actions in all election commissions,
definement of voting results and electoral returns,
compliance of the protocol on the voting results
and electoral returns, counting of votes or
their re-counting.
2.4. Not any special permission is required
for observers to observe the session of the
election commission on the voting day.
2.5. On the voting day list of the persons who
are in the voting room and observe the conduct
of election actions shall be implemented by
the Secretary of the Precinct Election Commission
(PEC).
3. The observation shall be conducted pursuant
to Articles 40, 41 and 42 of the Election Code
of the Republic of Azerbaijan. Observers shall
have equal rights and carry equal duties.
3.1. Observers shall have the rights and duties
indicated by Articles 40, 41, 42, 43 and 44
of the Election Code of the Republic of Azerbaijan.
3.2. The observer shall be prohibited to do
the following actions:
- to issue envelopes to put ballot papers in
and ballot papers to the voters;
- to inquiry to the voter about how he/she voted
or will vote;
- to sign on getting ballot paper instead of
the voter with his/her own request;
- to complete the ballot paper with the request
of the voter;
- to participate directly in the counting of
ballot papers together with members of election
commissions with decisive rights;
- to commit actions that hinder the activity
of election commissions;
- to campaign among voters;
- to act or call directed in support of this
or other candidate and political party or that
can be valued as their support;
- to interfere in the adoption of decisions
of relevant election commissions;
- to reply to the questions of voters (excluding
questions related to his/her own status).
4. The registration of the observer who do not
meet the above-mentioned requirements can be
canceled by the relevant court according to
the appeal of the election commission that has
registered him/her.
4.1. When the observer submits his/her consequence
on the observation results to the Central Election
Commission, Con.EC and PEC this consequence
should be attached to the protocol on the voting
results and electoral returns.
4.2. The authorities of observers shall be terminated
after the official declaration of the Presidential
electoral results.