|
DECISION
of the Central Election Commission
of the Republic of Azerbaijan
on the results
of the Municipal Elections in the Republic of
Azerbaijan conducted on December 17, 2004
According to the
Decision # 13/74 by the Central Election Commission
dated on August 17, 2004, declaring that 2.019.267
persons out of 4.551.346 voters included in the
voters lists on the country, i.e. 46,34% of the
total number of voters participated in elections
conducted on December 17, 2004 and as its result,
the elections were valid;
noting norms and requirements of the Constitution,
Election Code and other legislation acts were
followed during the preparation and conduct of
elections and
a) according to complaints entered during the
period of registration 298 candidates were registered
by Central Elections Commission,
b) equal conditions were provided to registered
38041 candidates for members to municipalities
during pre-election campaign and propaganda,
c) all shortcomings were prevented immediately
in election period including the voting day,
elections were conducted on 118 constituencies
and 5080 precincts and included 2731 municipalities
for the election of 21613 municipality members;
directing the attention of UNO, OSCE, Council
of Europe and other international organizations
to impossibility of the conduct of Municipal elections
in the occupied territories of the Republic of
Azerbaijan – in the region of Nagorno Karabakh
(Khankendi city, regions of Shusha, Khojali, Asgaran,
Khojavend), in regions of Aghdara, Kalbajar, Lachin,
Zangilan, Gubadli, Jabrayil and in the occupied
areas of Aghdam, Fuzuli as the result of military
invasion of Armenian Republic and therefore,
a) to the violation of the right to participate
in the establishment of local self-management
bodies, the right to elect and be elected to these
bodies, besides other rights of Azerbaijani IDP
citizens as the result of the occupation and sovereign
rights of the Republic of Azerbaijan,
b) in spite of all these, as the result of the
activities taken, active suffrage of internally
displaced people, i.e. rights to vote were ensured
and their names were included in the voters lists,
c) as well as, active and passive suffrage of
the people driven out of their historical lands
as the result of Armenia-Azerbaijan conflict was
provided;
emphasizing that as the result of providing conditions
for the independent activity of observers according
to legislation and taking all activities to provide
transparency during elections, 120 international
and more than 13200 domestic observers, 11 information
agencies, 17 foreign media, 10 TV and radio companies,
representatives of 44 local newspaper and magazines
observed the electoral procedure;
appraising the positive estimation of elections
in general by both domestic and international
observers who observed the voting procedure though
they showed some shortcomings that did not affect
the general results of elections and the effort
of observers of the OSCE and the USA embassy in
the professional management and realization by
taking relevant activities by Central Election
Commission;
considering that preliminary results were placed
in web-sites of Central Election Commission within
24-hours by the “Sechkilar” Information Center
under Central Election Commission after the end
of voting in order to inform both country and
international publicity of the election results,
including some exclusions, final protocols and
other election documents were provided to Constituency
Election Commissions (Con.ECs) by Precinct Election
Commissions (PECs) in time defined by legislation;
noting Central Election Commission received and
checked the final Con.EC protocols on municipalities
and other election documents in order and time
defined by legislation;
specially stating that appeals entered Central
Election Commission on the voting day and after
it concerning the law violations noted by domestic
and foreign observers, commissioners, candidates,
their authorized representatives and agents, political
parties and their authorized representatives,
representatives of mass media were investigated
in order and time defined by law, as the result
of the investigation
a) appeals, some information in the protocol and
documents attached to it caused reason to consider
the electoral results invalid,
b) the investigation of the appeals on the criminal
information was included in the competence of
the relevant bodies of prosecutor’s office.
noting with regret, there were serious law violations
and errors affecting the electoral results related
to making the voting results official on Election
Day in some municipalities, right of voters to
vote were limited by the relevant PECs and chairmen
of relevant Con.ECs and PECs, relevant commissions
did not take necessary measures to prevent such
gross law violations;
expressing with anxiety that Azizbayov first Con.EC
# 13, Khatai first Con.EC # 33, Absheron Con.EC
# 45, Hajigabul-Kurdamir Con.EC # 58, Salyan Con.EC
# 59, Barda city Con.EC # 93, Balakan Con.EC #
109, Zagatala-Balakan Con.EC # 111 could not comply
with their duties as necessary on the voting day
and after it including the previous election periods;
surely expressing that after considering the voting
results in 7 constituencies invalid by Con.EC
decisions on 10 municipalities pursuant to Article
240.2 of Election Code, 21471 persons were elected
municipality members as the result of the formation
of the composition of 2678 municipalities wholly,
4 municipalities – in the composition less than
2/3 part the number of members, 39 municipalities-
in the composition more than 2/3 part of the number
of members in areas of the Republic of Azerbaijan
where elections took place;
taking Articles 23.2, 25, 28.4, 107.4, 112.9,
239, 240, 241 of Election Code of the Republic
of Azerbaijan and Articles 3.5, 3.6 and 19.14
of the Law “on the approval and enforcement of
the Election Code of the Republic of Azerbaijan”
dated on May 27, 2003 as a basis in order to estimate
the electoral results fairly and taking legal
activities, the Central Election Commission
DECIDES
1. Validness of Municipal Elections of the Republic
of Azerbaijan held on December 17, 2004, the conduct
of these elections pursuant to Election Code of
the Republic of Azerbaijan and other legislation
acts in general should be considered.
2. Decisions by Con.ECs on the consideration of
elections invalid on some precincts and municipalities
should be considered (the list is attached – Appendice
# 1).
3. Defining the municipalities whose composition
is less than 2/3 part of the number of municipality
members, as well as, more than 2/3 part of the
number of municipality members, but whose members
were elected less than the number of the municipality
members should be considered.
4. Results of 409 precincts should be considered
invalid and elections should be considered invalid
in 135 municipalities pursuant to Article 240.1.2
of Election Code of the REpublic of Azerbaijan
(the lists are attached – Appendices # 2 and 3).
5. List of the elected municipality members should
be declared (the list should be attached).
6. PECs of 50 precincts where the voting returns
were considered invalid should be dismissed pursuant
to Article 23.2 of Election Code of the Republic
of Azerbaijan (the list is attached – Appendice
# 4).
7. Because of the serious disadvantages in the
activity during the preparation and conduct of
elections, chairmen of Azizbayov first Con.EC
# 13, Khatai first Con.EC # 33, Absheron Con.EC
# 45, Hajigabul-Kurdamir Con.EC # 58, Salyan Con.EC
# 59, Barda city Con.EC # 93, Tovuz Con.EC # 105,
Balakan Con.EC # 109, Zagatala-Balakan Con.EC
# 111 should be defined as incompatible for their
posts.
8. The appeals entered Central Election Commission
related to elections and investigated by commissioners
in the case defined by law should be sent to the
Prosecutor’s Office of the Republic of Azerbaijan
on their registration (the list is attached).
CEC Chairman Mazahir Panahov
CEC Deputy Chairperson Svetlana Gasimova
CEC Secretary Natig Mammadov
Fuad Javadov
Commissioners: Ramiz Ibrahimov
Valida Kazimova
Gabil Orujov
Khanmurad Ahmadov
Azer Taghiyev
Ilham Mammadov
Yusif Baghirzade
Asef Aliyev
|
