Approved by Decision
# 13/47 dated on
July 4, 2005 of the Central Election
Commission of the Republic of Azerbaijan
INSTRUCTION
on rules for the observation of citizens of
the Republic of Azerbaijan in Elections to the
Milli Majlis
1. During Elections
to the Milli Majlis of the Republic of Azerbaijan,
activity of citizens of the Republic of Azerbaijan
shall be regulated pursuant to Articles 40-42
of the Election Code of the Republic of Azerbaijan.
1.1. During Elections to the Milli Majlis of
the Republic of Azerbaijan, each citizen of
the Republic of Azerbaijan with active suffrage
can conduct observation on his/her own initiative,
on the initiative of the registered candidate,
political parties, political party blocs and
non-governmental organizations functioning in
the field of elections.
1.2. An application on the observation within
the whole territory of the Republic of Azerbaijan
(Appendice # 1 made to Instruction) shall be
submitted to the Central Election Commission
of the Republic of Azerbaijan (hereafter referred
to as Central Election Commission) 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 deputy whose interests
will be represented, name and legal address
of non-governmental organization and political
party, bloc of political parties. Two photos
of 3X4 size 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 (Appendices
# 4-7 made to Instruction).
2. Application on the observation in the territory
of the constituency (Appendice # 2 made to Instruction)
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 (Appendice
# 8 made to Instruction).
2.2. If the election commission rejects the
conduct of observation, then in the case of
not ensuring the complaint from the election
commission by the Central Election Commission,
the complaint shall 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,
determination of voting results and electoral
returns, compliance of the protocol on the voting
results and general electoral returns, counting
of votes or their re-counting. Observers can
participate in the parallel counting of votes
and observe sending the first copy of the protocol
of Precinct Election Commission on voting results.
Observation can commence since the day of declaration
of elections and ends on the day of official
publication of general electoral returns after
considering all discussions related to elections
in relevant courts.
2.4. To observe sessions of election commissions
up to the voting day shall belong only to the
observers who got specific permission by applying
to Central Election Commission with an application
(Appendice # 3 made to Instruction) to be registered
for gaining this right at order defined by this
Instruction and Article 40.13 of Election Code
of the Republic of Azerbaijan. This right should
be indicated in the badge (Appendice # 9-11
made to Instruction) provided by Central Election
Commission. Each person implied by Article 1.1
of this Instruction shall have one observer
separately for each election commission. Central
Election Commission appoints them by drawing
lots not being more than 10 persons in each
election commission. Observers are not required
specific permission 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. Observers shall have equal rights and carry
equal duties (excluding the observer got specific
permission).
3.1. Observers shall have the following rights
and duties indicated by Article 42 of the Election
Code of the Republic of Azerbaijan:
- be familiarized with voter lists;
- to be in the voting room of the relevant precinct
at any time on the voting day;
- to observe providing voters with envelopes
to put ballot papers in and ballot papers;
- to observe voters` voting outside the voting
place;
- to observe counting the number of voters and
counting of ballot papers, canceled ballot papers;
- to require attaching observation results to
the protocol of the election commission;
- to review envelope to put ballot papers in,
each completed or uncompleted ballot paper under
conditions ensuring observation and at certain
distance in order to check the validity of vote
and be familiarized with protocols of election
commissions and other documents on the voting
results and electoral returns;
- to apply to the chairman of the Precinct Election
Commission (PEC), in his absence, to the person
substituting him about the comments and suggestions
related to the voting;
- to get a copy, without payment, of documents
of election commissions, as well as protocols
on the voting results and electoral returns,
approved attachment documents compiled by election
commissions or received by them since commencement
of the work of election commissions on the voting
day and stamping ballot boxes up to reception
of protocols on the voting results by election
commissions; to make copies or buy additional
copies at the price defined by Central Election
Commission, be familiarized with the list of
persons participating at the voting;
- to observe re-counting of votes at relevant
election commission;
- to observe sending of election documents to
the Con.EC and Central Election Commission.
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 does
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 opinion
on the observation results to the chairmen of
Central Election Commission, Con.EC and PEC
this opinion should be attached to the protocol
on the voting results and electoral returns.
4.2. The observation can commence since the
day of declaration of elections and end on the
day of official publication of general electoral
results.
