Approved by Decision 11/53-2
dated on August 12, 2008 of the
Central Election Commission
of the Republic of Azerbaijan

 

INSTRUCTION

on rules for submission and processing of complaints and appeals on the violation of election rights filed to the Central Election Commission of the Republic of Azerbaijan and Constituency Election Commissions

General requirements on filing of complaints

        1. Rules, period and form of filing complaints on actions (inactions) and decisions that violate citizens’ rights to vote

1.1.1. Complaints that are specified in Article 112 of the Election Code of the Republic of Azerbaijan may be filed within 3 days of the date the decision violating citizens’ right to vote is published or made, or the date actions (inactions) occurred, or the interested person is informed about it.
Generally complaints are filed in a written form. If they can’t be filed in a written form, in exceptional cases, it is possible to file complaints orally, through telephone, or with the help of electronic means.
1. 2. Period for filing a complaint shall start from the moment when the right to do so is provided (e.g. from the date the decision violating citizens’ right to vote is published or made, or the date actions (inactions) occurred, or the interested person is informed about it) and shall terminate when the complaint is submitted to the post office or any commission.
1. 3. Complaints regarding the decisions of precinct election commissions (hereinafter referred to as PEC), action (inaction) of the PEC chairpersons shall be submitted to the relevant constituency election commission (hereinafter referred to as ConEC).
1. 4. Complaints regarding the decisions of ConECs, action (inaction) of the ConEC chairpersons, complaints covering several election constituencies (as well as violation of rules related to the pre-election campaigns) shall be submitted to the Central Election Commission (hereinafter referred to as CEC).
1.5. If a member of the relevant expert group fails to take measures that satisfy the citizen who filed the complaint, a complaint regarding the action (inaction) of the group member may be filed according to the rules and time period specified in Articles 1.1. and 1.4 of this Instruction.
1.6. If there is a violation of rights upon processing of a complaint (as well as refusal to process the complaint on an unsubstantial basis) at the ConEC, in that case, the CEC shall undertake measures within its authority to impose liability on the relevant official of the ConEC and its expert group in compliance with the rules specified in the legislation.
1.7. Complaints regarding the decisions and actions (inactions) of the CEC, actions (inactions) of the CEC chairperson shall be submitted to the Baku city Appeals Court in accordance with Articles 290, 291, and 292 of the Civil Procedure Code of the Republic of Azerbaijan.

        2. General requirements on complaints
2.1. Written complaints submitted to the ConEC and the CEC must contain the following:
2.1.1. The name of the commission addressed;
2.1.2. The name of a complainant (and address for sending a notification on complaint processing);
2.1.3 Decision, action, inaction, which are the subject of a complaint;
2.1.4. If it is a decision, it must be attached to the complaint, names of the election commission or state agency, which made the decision that is the subject of a dispute, and the official involved must be indicated;
2.1.5. If it is an action, the name (position) of the person who committed the unlawful action, the substance of the action, and the place and time of it must be clearly indicated (unlawful action is committing of an act prohibited by the law by a person or an agency);
2.1.6. If it is inaction, the applicant must indicate the demand which was not considered and the name of the institution or person that did not consider it (unlawful inaction is not committing of an act required by the law by a person or agency);
2.1.7. The basis for the complaint can be an assumption of a violation of the Election Code and other legislative and normative acts (if possible provide an exact reference to the specific provision of the law);
2.1.8. Evidence on purported violation or explanation of a violation;
2.1.9. Demand of the complainant;
2.2. The applicant must indicate the date and sign the complaint. If the complaint is filed by political parties or a bloc of political parties participating in the elections, then the complaint must be signed by the authorized representative with his/her authorization documents attached.
2.3. The applicant must also indicate his/her intention related to the participation in investigation (session) process of the complaint.
2.4. Election commission official receiving regardless both oral and written complaints shall ensure the recording of all abovementioned requirements.
2.5. If any of the requirements specified in Article 2 of this Instruction is absent and because of this the demand is not clear, then the complaint shall be sent back to the applicant.
2.6. Anonymous complaints submitted to the relevant election commissions shall not be considered and they shall be archived after the entry.
2.7. Refusal of receiving and processing complaints that complies with the duties of the official, as well as not recording the required information specified in Article 1.2.1 of this Instruction when the oral complaint is recieved shall bear liabilities outlined in Article 115 of the Election Code.
3. Rules for registration of complaints at the ConEC and the CEC
3.1. The relevant election commission must register received complaints on a logbook in a progressive order with dates of reception (See attachments 2 and 2a of this Instruction).
3.2. Registration of the complaints received by the election commissions shall be ensured by the commission secretariat. If a complaint is submitted personally to the expert group member, in that case, the complaint must be submitted to the secretariat for registration and issuing of a receipt.
3.3. If a complaint is submitted orally, in that case, it should be registered after obtaining and recording all the required information specified in Article 2 of this Instruction by the election commission secretariat staff or the expert group member.
3.4. Upon the reception of appeals through telephone or internet by the relevant election commission, the applicant shall be informed about his/her rights, and if possible shall be provided with an immediate answer.
4. Requirements to be upheld by the election commission upon the reception of complaints and appeals
4.1. Issues under the authority of the relevant election commissions shall completely comply with below requirements:
4.1.1. Complaints and appeals shall be submitted by persons (Voters, candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, agents of registered candidates, political parties, blocs of political parties, referendum campaign groups, observers, and election commissions according to the Article 112.1 of the Election Code) who have the right to do so;
4.1.2. Complaints shall be submitted according to the rules and time period specified by the law, within 3 days after the decision has bee made, actions (inactions) have occurred, or the interested person has been informed about it;
4.1.3. No previous decision regarding the very same complaint must have been made by the authoritative election commission to which the complaint has been filed to;
4.1.4. Complaints and appeals must be submitted to the election commission that have the authority, as specified in the Election Code, to make a decision on the substance of the complaint;
4.1.5. The election commission must be capable of considering the complaint on its substance.
4.2. The election commissions shall not make a decision on consideration of the complaint on its substance, if any complaint or appeal lies outside the boundaries of their authority. In that case, the decision on respective forwarding of the complaint must be made.

EXPERT GROUPS WITHIN THE CONEC AND THE CEC

5. Rules for creation of the expert group/ Expert group composition/ Expert group Coordinator
5.1. In order to conduct an investigation according to the rules specified in Article 112.1 of the Election Code of the Republic of Azerbaijan, relevant expert groups shall be created at the CEC composed of 9 members, and at the ConEC composed of 3 members. These groups shall be created after the decision of a respective election commission at least 75 days prior to Voting Day.
5.2. During the appointment of an expert group member following shall be considered:

Election secretariat staff who met the above requirements, as well as, non-lawyer commission members shall be included in the group. Commission members who are lawyers by profession may also be included in the expert groups. If a commission secretariat staff is included in the expert group, and given that this person is involved in the conduct of an investigation, in that case, he/she shall be spared from any other assignments of the secretariat.
5.3. Absent exigent circumstances, relevant election commissions may not dismiss an expert group member during the election period or while complaints from the election remain in the relevant constituencies.
5.4. The election commission shall publish the decision on creation and the agreed composition of the expert group within 24 hours.
5.5. Duties of the expert groups shall commence from the day the decision on its creation has been made by the election commission and shall terminate on the official publication day of general election results.
5.6. During the investigation of complaints expert group member is independent and bears liability only before the law.
5.7. Expert group members shall be provided with necessary resources by the election commissions.
5.8. After the creation of an expert group, the secretary of a respective election commission shall also commence his/her duties as a coordinator of this group. Coordinator is not included in the expert group and through assisting the group in its work; he/she oversees that it functions according to the law. If a secretary of a relevant election commission is unable to perform the duties of a coordinator because of a substantiated reason, in that case, these duties shall be carried out by one of the experts upon the request of the secretary.
5.9. Expert group coordinator shall perform the following duties:
5.9.1. To obtain regular information on the distribution of work load between the expert group members;
5.9.2. To obtain regular information on the status, time period, and other issues related to the complaint processing on the basis of distribution of work load between the expert group members;
5.9.3. Upon the request of an expert who is dealing with the case or on his own initiative, assign other group members to this investigation process, if there is a need for the involvement of additional experts for the consideration of a specific complaint;
5.9.4. To convene an expert group meeting if and when necessary and discuss the status of complaint processing;
5.9.5. To undertake necessary organizational and other measures to ensure efficient function of the expert group;
5.9.6. To ensure the preparation of expert recommendations and commission draft decisions in compliance with the legislation; and
5.9.7. To discuss with the commission chairpersons the schedules for hearing of specific and/or collective complaints at the commission sessions according to the investigation deadlines.

6. Authorities of the expert group
6.1. The expert groups shall have the below authorities:
6.1.1. To request additional information related to the complaint;
6.1.2. To make its own inquiries and investigations;
6.1.3. To appeal to the state agencies through commission chairpersons for obtaining additional information;
6.1.4. To obtain additional evidence (videos, notes, correspondence, etc.) if available;
6.1.5. To seek assistance of the commission (commission members) and secretariat staff if and when necessary;
6.1.6. To undertake other measures with regard to complaint investigation in compliance with the legislation if and when requested; and
6.1.7. To submit recommendation and draft decisions along with the investigation materials to the relevant election commission.

7. Procedures on investigation of complaints by the expert group members
7.1. After the registration of a complaint by election commission and its assignment to the expert, the very same expert shall ensure the initial review of the complaint. If the expert realizes that the rules on reception of a complaint specified by the Election Code and this Instruction have been violated, in that case, he/she shall make a recommendation about the return of the complaint to the applicant after informing the Coordinator about the matter.
7.2. After the initial review of the complaint, if the expert concludes that the complaint is under the jurisdiction of the relevant election commission that received the complaint or of any other agency, in that case, the expert group member must recommend the relevant election commission to consider the complaint on its substance and undertake necessary measures to resolve the issues within the authority of a commission, as well as forward other issues that fall within the competencies of another agency to that very same agency for consideration.
7.3. If the election commission receives a complaint from the election subjects that contains criminal actions related to the elections, in that case, the expert group member must recommend the relevant election commission to undertake necessary measures to resolve the issues within the authority of a commission, and make a substantiated decision on notifying the Prosecutor’s Office about the actions, provided that these actions bear criminal liabilities according to the Criminal Code. (A copy of the complaint shall be attached to the information provided)
7.4. If the expert group member of the ConEC has difficulties in concluding whether there are, indeed actions that bear criminal liabilities according to the Criminal Code during the investigation of a complaint, in that case, he/she must recommend the relevant election commission to undertake necessary measures to resolve the issues within the authority of a commission as specified in the Election Code. Moreover, in this recommendation, the expert group member must indicate the necessity of forwarding this very same complaint to the CEC for further investigation.
7.5. Upon the investigation of a complaint, the expert group member of the CEC shall additionally adhere to the below requirements:
7.5.1. Recommends the adoption of a relevant decision by the Central Election Commission following the Articles 60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116 regarding the complaints about illegal actions of other agencies and officials that are not related to the actions (inactions) or decisions of the election commissions;
7.5.2. If a written complaint is of a criminal nature but does not relate to elections, recommends the CEC to forward such complaint to the relevant Prosecutor’s Office immediately;
7.5.3. Upon reviewing the complaint received from the ConEC, concludes whether the violation indicated in the complaint could possibly be considered as a crime according to the provisions of the Criminal Code;
7.5.4. If the cases specified in the Article 7.5.3 of this Instruction or any other violations are not detected in the complaint received by the CEC, prepares recommendation on the archivization the complaint.
7.6. During the investigation of a complaint by an expert, complainant has the right to submit documents and other new additional evidence. After the reception of a complaint by an expert for investigation, he/she shall inform the complainant in person or through telephone or post office about the commencement of investigation and the right of a complainant to submit additional evidence related to this.
7.7. If the substance of a complaint is related to the lack of action or decision, of the relevant election commission with regards to the lawful demand of a complainant, the expert shall clarify this inaction or absence of a decision with the secretariat of a relevant commission.
7.8. Expert, investigating the complaint shall prepare a recommendation within 3 days (as well as immediately on voting and following day) after the reception of a complaint by the relevant election commission. If the additional investigation is required, in that case, the expert group member may petition for the extension of the abovementioned time periods at the election commission, after informing the expert group Coordinator. Provided that the election commission considers this petition substantiated, it shall make a decision about the conduction of additional investigation.
7.9. Expert group members may make recommendations with the below content at the result of complaint processing:
7.9.1. Cancellation of the decision of a lower election commission;
7.9.2. Warning the election subject in conformity with Article 113.1 of the Election Code;
7.9.3. Refusal of registration of a candidate in cases established by Article 113.2 of the Election Code;
7.9.4. Appealing to the court for deregistration of a candidate in cases established by Article 113.2 of the Election Code;
7.9.5. Instructing to re-examine the issue raised by the applicant by the relevant election commission.
7.10. Expert group members shall consider the following upon making a recommendation:
7.10.1. Complaints must be submitted by persons (voters, candidates, registered candidates, political parties, blocs of political parties, referendum campaign groups, agents of registered candidates, political parties, blocs of political parties, referendum campaign groups, observers, and election commissions according to the Article 112.1 of the Election Code) who have the right to do so;
7.10.2. Complaints must be received in compliance with the rules and time period specified in the legislation, meaning that within 3 days after the decision has been made, actions (inactions) have occurred, or the interested person has been informed about it;

7.11. Expert recommendation is made, prepared with the approval of the Coordinator and announced or published (also posted on the web site with the exclusion of recommendations made by the ConEC expert groups) within 24 hours and delivered or sent to the complainant. Besides making a recommendation on the investigated complaint, the expert group member shall also prepare the draft decision of the ConEC regarding this complaint. Draft decision shall be factually and legally substantiated, approved by the expert group Coordinator and subsequently the case regarding the complaint shall be included by the election commission chairperson in the commission’s session agenda. Recommendation and draft decision shall also be delivered to the commission members before the relevant session, if possible, within the time periods specified in Articles 19.8 and 19.14 of the Election Code. After the conclusion and publication of the expert recommendation, it must be discussed at the election commission session under the rules specified in Article 9 of this Instruction.
Rules for complaint processing at the ConEC and the CEC
8. Steps to be followed by the ConEC and the CEC after the reception of the complaints
8.1. ConEC shall perform the following after the reception of a complaint:
8.1.1. To receive and register a written complaint;
8.1.2. If the complaint is submitted orally, in that case, to fill out the Attachment 1 and respectively 1a to this Instruction in compliance with the rules specified in the Instruction or provide the complainant with the opportunity to do so;
8.1.3. To receive the complaints submitted in person and provide the person who submitted it with a respective receipt;
8.1.4. Commission secretariat informs the chairperson about the entry of a complaint after the registration of the very same complaint according to the Article 3 of this Instruction.
8.2. In the same day of reception, the chairperson divides registered complaints into 2 categories:
8.2.1. appeals against a previous decision, action or inaction of a lower commission or commission chairmen; and
8.2.2. other appeals.
8.3. Each category shall have its own progressive order.
8.4. After this, the chairperson assigns one complaint according to the progressive order to each expert group member on the basis of progressive distribution.
8.5. Subsequently, the complaint must be submitted to the expert group member for processing, in compliance with the Article 7 of this Instruction.
8.6. Decision on forwarding the complaint to the relevant agencies must be made, if the processing of a complaint received is not under the jurisdiction of a respective commission.
8.7. If the complaint or appeal is under the jurisdiction of the relevant election commission that received the complaint or of any other election commission or agency, in that case, the relevant election commission shall make a decision on consideration of the complaint on its substance and implementation of necessary measures to resolve the issues within its authority, as well as on forwarding other issues that fall within the competencies of another agency to that very same agency for consideration.
8.8. If the received written complaint does not relate to the elections, but contains criminal actions, in that case, following the standard procedures of complaint reception and distribution, the relevant election commission shall forward this compliant to the respective Prosecutor’s Office.
8.9. If the election commission receives a complaint from the election subjects that contains criminal actions related to the elections, in that case, following the standard procedures of complaint reception and distribution, the election commission shall undertake necessary measures to resolve the issues within its authority, and subsequently make a substantiated decision on notifying the Prosecutor’s Office about the actions, provided that the commission concludes that these actions bear criminal liabilities according to the Criminal Code of the Republic of Azerbaijan. A copy of a complaint shall be attached to the notification. If the ConEC has difficulties in concluding whether there are, indeed, actions that bear criminal liabilities according to the Criminal Code during the investigation of a complaint, in that case, the relevant commission shall make a decision to undertake necessary measures to resolve the issues within its authority. Moreover, it shall forward the complaint to the CEC for making a recommendation.
8.10. If the substance of a complaint is related to the lack of action or  decision, of the lower election commission with regards to the lawful demand of a complainant, after clarifying it with a respective expert group member, the matter shall be discussed at the session of a commission.
8.11. Upon the reception of a complaint or appeal by the CEC, it shall perform the functions specified in Article 8 of this Instruction. Additionally, the CEC shall also resolve the below indicated issues:
8.11.1. To undertake relevant measures in accordance with the Articles 60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116 regarding the complaints about illegal actions of other agencies and officials that are not related to the actions (inactions) or decisions of the election commissions;
8.11.2. Employing a respective methodology, General Department of the CEC shall oversee the timely and appropriate processing of complaints at the CEC and the ConECs. The department shall report to the chairperson of the CEC at least once in 10 days about the status of complaint processing. The status of complaint processing at the CEC and the ConECs may be discussed at least once a month at the sessions of the CEC. The status of complaint processing regarding the complaints received through telephone or internet may be included in the CEC session agenda upon the request of the CEC members according to Article 19.12 of the Election Code of the Republic of Azerbaijan.
8.12. Chairpersons of the relevant election commission shall bear responsibility for the status of complaint processing within their election commission.

9. Rules for processing of complaints at the ConEC and the CEC sessions
9.1.    If the applicant has indicated his/her intention to participate at the session, he/she shall be informed in person or through telephone or post office about the place and date of the session one day prior to it. The absence of this applicant shall not impede the conduction of the session. If the applicant has not been informed about the session, he/she shall be given an opportunity to attend it if he/she desires so.
9.2. As a general rule, the expert group member of the ConEC or the CEC shall present a brief report regarding the case during the session. If the complainant or his/her authoritative representative is not satisfied with the report, in that case, the complainant or his/her authoritative representative is entitled to make a short presentation to explain the merits of the complaint.
9.3. At the session, complainant may present additional evidence that he/she did not provide for the expert group member during the early investigation process because of objective reasons. In that case, after making his/her presentation, submitting additional evidence, and after the completion of initial investigation, upon the request of a person chairing the session, he/she shall leave the session room from the moment the discussion for the decision starts until the decision announcement. The decision shall be announced immediately after the adoption.
9.4. The Chairperson (or the head of the session) has the power to conduct the session in the most appropriate way, respecting the legal rights of electoral subjects and commission members, as well as considering the agenda of the session, quantity of complaints, legal deadlines, and conduction of investigation on complaints. All present, including the commission members, must adhere to the chairperson’s decisions on the conduct of the session. If necessary to preserve decorum, the chairperson can take appropriate measures (from warning to exclusion from the session). If a warning, exclusion from the session, or other measure is taken, it will be recorded in the session protocol.
9.5. If the commission accepts the recommended expert group draft decision, in that case, the final decision of the commission shall be prepared in a form provided by the expert group. If the commission declines the recommended decision, in that case, the chairperson shall propose to the dissenting commission member(s) to prepare a new draft decision that rests upon the relevant evidence and law. If the commission concludes that there is a need for re-investigation of the same complaint by the expert group, the investigation of this complaint shall be assigned to another member of the expert group. This member of the expert group shall conduct relevant investigation in compliance with the rules and time period (if necessary, within shortened time period) and submit the case for re-consideration by the commission.     
9.6. Relevant commission that investigates the complaint or appeal shall make a decision in compliance with the deadlines specified in Article 112.10 of the Election Code. If there is a need for further investigation beyond the time frame, the commission may adopt an interlocutory decision on the matter. Such interlocutory decision must be made within 3 days from the date of receipt (and immediately on voting day).
10. Possible decision of the ConEC and the CEC regarding the complaints
10.1. Election commission processing the complaint has below authorities:
10.1.1. To annul the decision adopted by the lower election commission;
10.1.2. To adopt a decision on substance of the complaint, accepting or rejecting it, amongst other:
10.1.3. To warn an electoral subject, according to Article 113.1 of the Election Code;
10.1.4. To refuse the candidate registration, under circumstances in Article 113.2 of the Election Code;
10.1.5. To appeal to Court for invalidation of a candidate registration, after it had been registered, according to Article 113.2 of the Election Code;
10.1.6. To give instruction to expert group member or lower commission to review the issue which the complaint was lodged about;
10.1.7. If the complaint is not under the jurisdiction of a relevant commission, forward the complaint to a respective agency;
10.1.8. To make a decision on notification of the respective Prosecutor’s Office for consideration of complaints on elections that contain criminal actions.
10.2. If the basis specified in Article 7.9 of this Instruction is present, in that case, the CEC shall make a decision in accordance with the requirements of Articles 60.6, 68.5, 87.9, 88.7, 88.8, 113, 115 and 116 of the Election Code.
10.3. The ConEC shall make a decision on forwarding a complaint to the CEC for making a recommendation according to the rules and on the basis of conditions specified in Article 8.9 of this Instruction.
10.4. Decision of the election commission regarding the complaint shall be adopted in a written form within 3 days (considering the time period required for the investigation) after the registration of a complaint and immediately on Voting Day. The decision shall be announced immediately after the adoption or published within 24 hours (CEC decisions are also posted on the website) and a copy of a decision shall be delivered or sent to the complainant. In case of an interlocutory decision, the copy of that decision shall be sent to the complainant. All decisions shall be logically and legally motivated and as well as substantiated.
10.5. If a commission has adopted a decision regarding the complaint, it shall inform the complainant about it.  

 

Appendice #1

Appendice #1"A"

Appendice #2

Appendice #2"A"