Approved by the
Decision
# 13/46
dated on July 4, 2005 of the Central Election
Commission of the Republic of Azerbaijan
INSTRUCTION
on rules for activity of international (foreign)
observers in Elections to the Milli Majlis of
the Republic of Azerbaijan
The Instruction
has been prepared by referring to Articles 1.1.18,
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) shall
be invited in order and period implied by Articles
44.1-44.3 of Election Code of the Republic of
Azerbaijan.
Citizens of the Republic of Azerbaijan shall
not get the status of a foreign observer.
The international observer applies to the Central
Election Commission in order to be registered
and completes the relevant application form
(Appendice # 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 person with the intend of conducting observation
on the application:
-surname, name, patronymic;
-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 attached.
When the conduct of observation is permitted,
the Central Election Commission provides the
international observer with a badge in the national
language and in one of foreign languages based
on the documents submitted by him/her (Appendice
# 1 made to the Instruction).
On the front side of the card photo, name, surname
of the observer, name of the represented country
or 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 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 be familiar with voter lists;
- to be in the voting room 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 put in 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 familiarized with the election returns and
the protocol of the election commission on the
election returns and other election documents;
- to take part in parallel counting of votes;
- to apply 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 samples of the documents of election
commissions, protocols on the electoral returns
and voting results, additional attached documents
received and compiled by the election commissions
since the commence of the work 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 be familiar with the list
of the persons 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 on the election legislation,
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 person serving as a translator for the international
observers in election processes applies to the
Central Election Commission and completes the
relevant application form (Apendice
# 2). The following information of the person
serving as a translator shall be provided in
the application form:
- 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) are attached to the
application.
The Central Election Commission provides the
person serving as a translator with the relevant
badge (Addition # 3 made to the Instruction).
On the badge 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 sign on getting ballot paper with the request
of the voter;
- to complete the ballot paper 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).
International observers shall be protected by
the state as long as they are within the territory
of the Republic of Azerbaijan.
The international observer is not allowed to
use his/her status to be engaged in the 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.
Observation shall commence since the day of
declaration of elections and end on the day
of official publication of general electoral
returns after considering all complaints related
to elections.
