OPINION
of Mr. Gabil Orujov, 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 joint complaint by the authorized representatives of “Republicans” and “Movement for Garabagh and Republic” referendum campaign groups, Tofig Yagublu and Hasan Kerimov related to Referendum held on 18 March 2009
Baku city 24 March 2009 , at 11.00
The authorized representatives of “Republicans” and “Movement for Garabagh and Republic” referendum campaign groups, Tofig Yagublu and Hasan Kerimov jointly appealed to Central Election (Referendum) Commission of the Republic of Azerbaijan in written form on 23 March 2009 and informed that there were law violations in some election (referendum) precincts on the voting day and they asked for taking activities defined by law.
As the complaint was legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints an appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, it was accepted to investigation.
In the process of investigation, authorized representatives Tofig Yagublu and Hasan Kerimov were kept contact with and informed on their rights to participate in investigation. H.Kerimov informed that they had not any other additional evidences to present apart from the information provided. And T.Yagublu took part in the investigation process of the complaint.
I conducted investigation related to the entered complaint. At the result of the investigation it was found out that 77 acts out of the acts on 180 observations submitted on the complaint were not compiled pursuant to legislation. The fact was also verified by T.Yagublu who participated in the investigation and the act was compiled jointly with him by me. The shortcomings included in these acts were mainly mismatch of the date of act compiling with the date of conducting referendum (for ex: 13 May 2006, 18 May 2009, amendments which don’t fit in dates), signing of different people in the name of a person, not violating the rights defined by legislation, keeping the act not filled out and so on.
At the same time, as the investigation on the copies of final protocols on a part of the voting results is within the competence of the relevant election (referendum) commissions pursuant to Election Code and “Instruction on the rules for submitting complaints an appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, they shall be sent to these commissions.
As to conduct investigation fully, in details and fair takes a long time, I consider advisable to extend the period of investigation.
Pursuant to Articles 112, 112-1.5.4 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4, 6, 7, 8.7, 9.6 and 10.1.6 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:
- The period of investigating the entered appeal shall be extended.
- A part of the investigation materials shall be sent to the relevant Constituency Election (Referendum) Commissions on determination for consideration.
- The opinion shall be published within 24 hours since adoption (it shall be posted on CEC web-site) and its copy shall be sent to the complainer.
Member of Expert Group under Central Election
(Referendum) Commission of the Republic of Azerbaijan G.Orujov |
