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 complaint by Mr. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum related to Referendum appointed to 18 March 2009
Baku city 23 January 2009,
At 17.00
I, Gabil Orujov, Member of Expert Group inform you that in relation with Referendum appointed to 18 March 2009, investigated the complaint entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum on January 21, 2009 on forming obstacles for this initiative group in the process of collecting signatures in Tazakand village within Uchtapa territorial unit of Jalilabad region.
The authorized representative applied to Central Election Commission with application that during the process of collecting signatures by collecting signatures by the relevant initiative group in Tazakand village of Jalilabad region, a group of signed people were subjected to pressure by Ayyar Guliyev, executive representative of this village, Rafig Hajiyev, head of village municipality and Chingiz Mammadov, area agent and they required from these people to withdraw their signatures. G. Alanli asks for taking relevant measures on this.
As the application was legally compiled and submitted in the period defined by Election Code, it was accepted to investigation.
While I was conducting investigation by considering the above-mentioned, Ayyar Guliyev, executive representative of Tazakand village, Rafig Hajiyev, head of village municipality and Chingiz Mammadov, area agent were required relevant explanations and the fax addressed to Central Election Commission by Ayyar Guliyev and Rafig Hajiyev includes that Shahbaz Garayev, Tazakand ihabitant ordered his son Bakhtiyar Garayev to collect signatures from citizens by giving him signature sheets. According to father’s order, Bakhtiyar Garayev told village population that he was collecting signatures for electing his father Shahbaz Garayev deputy, separating Tazakand village from the composition of the representation and establishing it as a separate representation, releasing money left for reserve during the Soviet regime, as well as for saving Garabagh.
On 21.01.2009, these citizens informed that they were betrayed by Bakhtiyar Garayev.
Rafig Hajiyev and Ayyar Guliyev also stated that they didn’t take any step against the activity of any initiative group of the political party.
According to my oral inquiry on the complaint on Chingiz Mammadov, area agent of Tazakand village, police colonel Rahim Novruzov, head of Jalilabad region police department pointed out in hi fax addressed to the CEC that on 21 January, 2009 current area agent applied to the head of Jalilabad region police department with report that on this date a group of Tazakand population informed him that “representative of “Republicans” initiative group on referendum who collects signatures betrayed them via different ways.” Area inspector told them to be attentive in such issues and to apply to the relevant bodies. During this time, Ch. Mammadov was not in any contact with the people collecting signatures.
Apart from the above-mentioned, a group of Tazakand village population applied to Central Election Commission with telegram that on 20.01.2009 Bakhtiyar Garayev, son of Shahbaz Garayev collected signatures for the registration of campaign group on referendum by betraying them through releasing money left for reserve during the Soviet regime, as well as for saving Garabagh.
By taking all these into consideration, 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. Copy of the opinion shall be delivered t the interested parties.
Member of Expert Group Gabil Orujov
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