. : CONSIDERATION OF COMPLAINTS AND APPEALS

 

OPINION
of Mrs. Valida Kazimova, Member of Expert Group under Central Election (Referendum) Commission of the Republic of Azerbaijan established with the aim of investigating the complaints of actions (inactions) and decisions that violate citizens’ suffrage
on investigating the complaint by Mr. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum related to Referendum appointed to 18 March 2009

Baku city                                                                                                                                                                                26 January 2009, At 12.00

I, Valida Kazimova, Member of Expert Group inform you that in relation with Referendum appointed to 18 March 2009, it becomes clear from the appeal entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum on January 24, 2009 that on January 22, Mr. Gudrat Mamayev, activist of Zagatala organization of Musavat Party was detained by police and was subjected to pressure when taking to the police office.
Mr. Faig Shabanov, chief of Zagatala police office was called on 24.01.2009 concerning the investigated issue and was asked for giving information.
The letter # 163 dated on 24.01.2009 entered Central Election (Referendum) Commission by Zagatala police office on 26.01.2009 proves that Mr. Gudrat Mamayev who is regarded to be active member of Musavat Party or other people collecting signatures were not taken to Zagatala police office by police officials.
At the result of investigation, it was defined that the fact indicated by the authorized representative of “Republicans” initiative group on referendum has not found its proof.
Pursuant to Articles 112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4, 6, 7 of “Instruction on the rules for submitting complaints an appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:
1. Appeal by Mr Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum related to violating citizens’ suffrage in popular vote (Referendum) appointed to 18 March 2009 shall not be implemented because of groundlessness.
2. The appeal entered Central Election Commission by Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum on 24 January 2009 proves that on January 23, Namig Akbarli, chief of Ismayilli region organization of Musavat Party was called to Ismayilli region police office.
Nizami Gojayev, chief of Ismayilli police office was called on 24.01.2009 concerning the investigated issue and was asked for giving information.
The letter # 1/418 dated on 26.01.2009 entered Central Election Commission by Ismayilli police office on 26.01.2009 proves that Namig Zahid oghlu Akbarli, head of Imayilli region organization of “Republicans” wing of Azerbaijan Popular Front Party was invited to Ismayilli region police office, by checking the accuracy of his protocol he was released and not any illegal action was taken against him.
At the result of investigation, it was defined that the fact indicated by the authorized representative of “Republicans” initiative group on referendum has not found its proof.
At the result of investigation, it was defined that the fact indicated by the authorized representative of “Republicans” initiative group on referendum has not found its proof.
Pursuant to Articles 112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4, 6, 7 of “Instruction on the rules for submitting complaints an appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:
Appeal by Mr Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum related to violating citizens’ suffrage in popular vote (Referendum) appointed to 18 March 2009 shall not be implemented because of groundlessness.

3. It becomes clear from the appeal entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Gulagha Aslanli, authorized  representative of “Republicans” initiative group on referendum on January 24, 2009 that on January 22, Fakhraddin Abbas, deputy chief of Sumgayit organization of Musavat Party was taken to Sumgayit second police office and he was subjected to illegal violence. 
Mr. Mehdi Humbatov, chief of Sumgayit police office was called on 24.01.2009 concerning the investigated issue and was asked for giving information.

4. It becomes clear from the appeal entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Gulagha Aslanli, authorized  representative of “Republicans” initiative group on referendum on January 24, 2009 that on January 22, Azer Naghiyev, activist of Sumgayit city organization of Musavat Party was arrested and though he was released afterwards, his signature sheet was taken by the police officials of Sumgayit city first police office.
Mr. Mehdi Humbatov, chief of Sumgayit police office was called on 24.01.2009 concerning the investigated issue and was asked for giving information.
The letter # 203 dated on 26.01.2009 entered Central Election Commission by Sumgayit city police office on 26.01.2009 proves that a group of Sumgayit city population appealed that “they were made to sign by being deceived that they were collecting signatures for by making fraud in signature sheets” in Referendum appointed to 18 March, 2009. But later it was defined that citizen Azer Naghiyev wanted to collect signatures for the establishment of “Republicans” campaign group. And it caused serious concerns among people and they appealed for taking relevant measures on him.
At the present, falsified signature sheet was taken for investigation.
At the result of investigation, it was defined that the fact indicated by the authorized representative of “Republicans” initiative group on referendum has not found its proof.
Pursuant to Articles 112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4, 6, 7 of “Instruction on the rules for submitting complaints an appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:
Appeal by Mr Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum related to violating citizens’ suffrage in popular vote (Referendum) appointed to 18 March 2009 shall not be implemented because of groundlessness.

Member of Expert Group
Under Central Election Commission                                                    Valida Kazimova


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