Approved
by the Decision # 4/29
dated on June 27, 2003 of the Central Election
Commission of the Republic of Azerbaijan
Instructıon
on rules for activity of internatıonal (foreign)
observers in Presidential Elections
of the Republic of Azerbaijan
The instruction has been prepared by referring
to Articles 1.1.20, 40-42 and 44 of the Election
Code of the Republic of Azerbaijan.
International (foreign) observers (hereafter
referred to as international observers) receive
relevant permission to come to the Republic
of Azerbaijan in accordance with an invitation
by the Milli Majlis of the Republic of Azerbaijan,
President of the Republic of Azerbaijan, Ministry
of Foreign Affairs of the Republic of Azerbaijan
and the Central Election Commission of the Republic
of Azerbaijan (hereafter referred to as the
Central Election Commission) and are registered
in the Central Election Commission. After the
official publication of the decision on determination
of elections the invitation cards shall be sent
to the relevant international organizations
and agencies. Non-governmental organizations
that have a relevant reputation in the field
of protection of the civil rights and freedom
can provide the deputies of the Milli Majlis,
the Central Election Commission, President of
the Republic of Azerbaijan and Ministry of Foreign
Affairs of the Republic of Azerbaijan with their
suggestions on inviting international observers.
Citizens of the Republic of Azerbaijan shall
not get the status of a foreign observer.
The international observer makes statements
to the Central Election Commission in order
to be registered and completes the relevant
application form (Addition 1). The application
on the conduct of observation in all areas of
Azerbaijan can be submitted to the Central Election
Commission at least 10 days prior to the conduct
of elections since the declaration of elections.
The decision on each application shall be adopted
within 3 days since its submission. The conduct
of observation shall be rejected only in the
case of not approving the information on the
application. There shall be the following information
on the individual with the intend of conducting
observation on the application:
-surname, name, patronymic name;
-address of residence;
-serial number of ID card or the document that
substitutes it;
-name and address of the represented organization;
-2 photos (of size 3x4) shall be added.
When the conduct of
observation is permitted the Central Election
Commission provides the international observer
with a specific card in the national language
(Addition 2) based on the document submitted
by him/her.
Only observers with a specific permission after
registration in the Central Election Commission
have the right to observe the meetings of the
election commission up to the Election Day.
With this aim the observer makes statements
to the Central Election Commission with a specific
letter. In the case of the observer’s permission
by the Central Election Commission the relevant
note shall be indicated on the observer’s card.
On the front side of the card photo, name, surname
of the observer, name of the represented organization,
passport number shall be indicated and ratified
by the seal of the Central Election Commission.
On the backside of the card the relevant extracts
out of the Election Code on the activity of
the observer shall be provided. Only after accepting
such a card international observers can function
in accordance with the Articles 40-42 and 44
of the Election Code of the Republic of Azerbaijan
during the conduct and holding of elections.
The term of office of the international observer
commences since his registration and finishes
on the day of official publication of general
electoral results.
The international observer functions independently
and freely in accordance with the legislation
of the Republic of Azerbaijan. Election commissions,
state government bodies and municipalities are
to render necessary assistance to them.
Activity of the international observer is financed
by the organization that sends him/her or from
the international observer’s personal funds.
The international observer also shall have the
same rights and duties as that of domestic observers.
The international observer shall have the following
rights besides the rights defined by Articles
40.12 and 40.13 of the Election Code of the
Republic of Azerbaijan :
- to familiarize with voter lists;
- to be in the voting compartment of the relevant
polling station on the Election Day at any time
he/she wants;
- to observe issuing envelopes for ballot papers
and ballot papers to the voters;
- to observe voters` voting outside the polling
station;
- to observe the counting of the voters, ballot
papers and canceled ballot papers;
- to require including the results of the observation
in the protocol of the election commission;
- to observe the counting of the voters` votes
in a condition providing the conduct of observation
and at a certain distance, to eye the envelopes
for ballot papers during counting the votes
and each ballot paper completed or incomplete
in order to check the validness of the vote,
be familiarize with the election returns and
the protocol of the election commission on the
election returns and other election documents;
- to make statements to the chairman of the
precinct election commission or in the case
of his absence the person who substitutes him/her
with suggestions and comments related to the
arrangement of the elections;
- to get free of charge and make a copy of the
approved singles of the documents of election
commissions, protocols on the electoral returns
and voting results, included additional documents
adopted and compiled by the election commissions
since the start the of the election commission
on the voting day and fixing a seal on the ballot
boxes up to adoption of the protocols on the
voting results by the election commissions,
to buy and make a copy of the additional copies
with the payment defined by the Central Election
Commission (the election commission shall approve
the copies of stated documents with the requirement
of the observer), to familiarize with the list
of the individuals participated in the voting;
- to observe re-counting of the voters votes
in the relevant election commissions;
- to observe providing the Constituency Election
Commission and Central Election Commission with
the election documents;
- after the voting day the international observers
can conduct the press conference and make statements
to the mass media about the preparation and
holding of elections;
- the international observers have the right
to meet with voters, candidates, registered
candidates, commissioners, the authorized representatives
of the political parties, blocks of political
parties, the agents of the registered candidates,
political parties, blocks of political parties;
- the international observers can utilize a
translator service in terms of activity.
The individual serving as a translator for the
international observers in election processes
makes statements to the Central Election Commission
and completes the relevant application form
(Addition 3). The following information of the
individual serving as a translator shall be
provided:
- surname, name, patronymic name;
- address of the residence;
- serial number of the ID card (or the document
that substitutes it);
- 2 photos (of size 3X4)
The Central Election Commission provides the
individual serving as a translator with the
relevant specific card (Addition 4). On the
card photo, name, surname, patronymic name,
serial number of the ID card or the document
that substitutes it shall be provided. Term
of office of the translator commences since
his/her registration in the Central Election
Commission and finishes on the day of official
publication of general election results.
The following behavior
shall be prohibited for observers:
- to issue ballot papers and envelopes for ballot
papers to voters;
- to make inquiry with the voter on how he/she
will vote or has voted;
- to complete the ballot paper with the request
of the voter;
- to sign on getting ballot papers instead of
the voter with the request of the voter;
- to participate directly in the counting of
votes together with the members of election
commissions with decisive rights to vote;
- to behave in the way that prevents the activity
of election commissions;
- to conduct propaganda among voters;
- to behave or call so that it can be appraised
as support of some candidate or political party;
- to interfere in the adoption of the decisions
of the relevant election commission;
- to answer the questions of voters (excluding
questions related to his/her own status).
-
The international observer is not allowed to
use his/her status to be in activity not related
to the process of election campaign, preparation
and holding of elections.
The Central Election Commission can cancel the
registration of the international observer in
the case of his/her violation of laws, norms
of international law.
