OPINION
of Mr. Emin Guliyev, 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 the appeal by Mr. Hasan Karimov, authorized representative of “Movement for Garabagh and Republic” initiative group on referendum related to popular vote (Referendum) appointed to 18 March 2009

Baku city                                                                                                        26 January 2009, At 17.00

I, Emin Guliyev, Member of Expert Group inform you that in relation with Referendum appointed to 18 March 2009, investigated the appeal entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Hasan Karimov, authorized representative of  “Movement for Garabagh and Republic” initiative group on referendum on January 24, 2009 on forming obstacles for this initiative group in the process of collecting signatures by executive authorities and police officials of some regions and in this aim, calling the people collecting signatures to the police department and defined the followings:
Hasan Karimov, authorized representative of “Movement for Garabagh and Republic” initiative group on referendum applied to Central Election Commission and informed that in order to prevent collection of signatures for the campaign group since January 17, 2009, Emil Mammadov, chair of Azerbaijan Democratic Party (ADP) region organization in Salyan was subjected to pressures by separate representations of region executive authority, citizens Alipasha Abdullayev, Aliagha Guliyev, Chingiz Bakhshiyev, as well as official regional police office, area attorney Ajdar Rahimov and Ilham Muradov, executive representative of Garabaghlar in Salyan region attempted to make village population to reject their signatures. On the other hand, it is informed on Emil Mammadov’s complaint on allowed illegalness to Selamet Kerimov, Chairman of Salyan Constituency Election Commission # 59. But he didn’t take any activity, and he participated at the session conducted at regional executive authority.
They also informed on the obstacles committed in the collection of signatures by activists of Azerbaijan Popular Front Party in Meyniman village and calling Nuremir Mammadov, Majlis chair of region department of Azerbaijan Popular Front Party (APFP) to Hajigabul region police department.
At the same time, Hasan Karimov informed in his application that APFP activists were subjected to pressures by police officials while collecting signatures in Mingachevir city, and Suleyman Kerimov, chair of APFP Mingachevir city department was taken to city police office on January 23, 2009 and there is not any information on his further fate. It is informed that activists of APFP Sabirabad region department Rovshan Saigov and Movsum Asgarov were detained by region police officials as they took part in signature collection campaign and they were accused of keeping drugs illegally.
Consequently, the application includes that village and settlement executive representatives were ordered to form obstacles in collecting signatures in the name of campaign groups on referendum including opposition parties. The application doesn’t include on the time and conditions under which the order had been given.
By informing on violating citizens’ suffrage through the above-mentioned actions, the applicant asked for taking lawful measures on te people who allowed such violation. As the application 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” and submitted in the defined period, it was accepted to investigation.
In the process of investigation, authorized representative Hasan Kerimov was kept contact with and informed on his rights to participate in investigation. He informed that he had not any other additional evidences to present apart from the information provided.
Rasim Beshirov, head of Salyan region executive authority was called in the aim of conducting investigation related to interference by citizen Emil Mammadov in the process of signature collection in Salyan region (26 January, 2009, at 11.30). R. Beshirov informed that apart from being head of ADP region organization, Emil Balamirze oghlu Mammadov is also chair of “Assistance to Democracy” public union and therefore, his participation in signature collection is contrary to Article 57.1 of Election Code. At the same time, Emil Mammadov was disguised as authorized representative of “Protection of Oilmen’s Rights” public organization while collecting signatures in Garabaghlar village and conducted collection of information on ID cards of the population by stating that he will form protection of their rights. Village population informed Ilham Mammadov, village executive representative on illegal collection if signatures in the application. By considering all these, E. Mammadov was orally warned on this activity.
Selamet Kerimov, chairman of Salyan Con.EC # 59 stated in his oral explanation by phone (26 January, 2009, at 9.45) that his participation at the session in region executive authority aimed to ask for assistance in the work of specifying voters’ lists by region executive structures. This meeting headed by Region executive authority was dedicated to repair issues of election precincts. As to Selamet Kerimov, at the session, head of region executive authority did not give any order to local executive bodies related to forming obstacles in signature collection campaign.
The letter # 258, dated on 26 January, 2009 by Hamlet Salahov chair of Salyan region police department includes that visit of Ajdar Rahimov, inspector of Salyan police department police major to Emil Mammadov was related to collecting signatures from people under the name of settling problems connected with gas and electricity of population. In his conversation with E. Mammadov, E. Rehimov warned that such cases should be prevented. During the investigation conducted in region police department not any law violation was found out.
For immediately reporting on the facts of forming obstacles in the work of collecting signatures by APFP activists in Hajigabul, Sabirabad regions and Mingachevir city, chiefs of Hajigabul region and Mingachevir city police offices were called and chief of Sabirabad region police office was sent letter # 10/20-52 dated on 26 January, 2009 by fax.  The letters # 19 entered Hajigabul region and Mingachevir city police departments by fax on 26 January, 2009 include that the people indicated in the application were not called to the police departments or taken there and the people collecting signatures were not subjected to any pressure.
The letters # 464 and 465 dated on 26 January 2009 entered by Agil Veliyev chief of Sabirabad region police department, police colonel inform that Sabirabad city inhabitants Rovshan Balagardash oghlu Sadigov and Movsum Israil oghlu Asgarov were taken to Sabirabad region police department on administrative measures for not abiding by police requirements on 21 January 2009 and Sabirabad region court adopted judgment on their administrative arrest for 2-3 days. Meanwhile, it is informed that as R. Sadigov and M. Asgarov were caught for 7, 93 and 7, 84 grams dried marijuana on individual consumption criminal suits were commenced on them pursuant to Article 234.1 of Criminal Code of the Republic of Azerbaijan and by decision of Sabirabad region court, arrest was chosen as resolute sentence. As to Agil Veliyev, while taking to region police departments, not any signature sheet by R. Sadigov and M. Asgarov was discovered and their membership to APFP is unknown.
Later according to our oral inquiry the letter # BM-38 dated on 26 January 2009 by the sign of D. Aliyev, first deputy head of Neftchala region executive authority and the letter # 20/35 dated on 26 January 2009 by L. Babayev head of Zerdab region executive authority inform that there doesn’t exist any order on forming obstacles in signature collection campaign in region executive authorities.
So, the fact indicated by the authorized representative of “Movement for Garabagh and Republic” 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 Hasan Kerimov, authorized representative of “Movement for Garabagh and Republic” 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 opinion shall be published within 24 hours since the moment of adoption (shall be located on web site) and its copy shall be delivered to the complainer.

Member of Expert Group
under Central Election Commission                                                                 Emin Guliyev

OPINION
of Mr. Emin Guliyev, 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 the appeal by Mr. Hasan Karimov, authorized representative of “Movement for Garabagh and Republic” initiative group on referendum related to popular vote (Referendum) appointed to 18 March 2009

Baku city                                                                                                        26 January 2009, At 17.00

I, Emin Guliyev, Member of Expert Group inform you that in relation with Referendum appointed to 18 March 2009, investigated the appeal entered Central Election (Referendum) Commission of the Republic of Azerbaijan by Mr. Hasan Karimov, authorized representative of  “Movement for Garabagh and Republic” initiative group on referendum on January 24, 2009 on forming obstacles for this initiative group in the process of collecting signatures by executive authorities and police officials of some regions and in this aim, calling the people collecting signatures to the police department and defined the followings:
Hasan Karimov, authorized representative of “Movement for Garabagh and Republic” initiative group on referendum applied to Central Election Commission and informed that in order to prevent collection of signatures for the campaign group since January 17, 2009, Emil Mammadov, chair of Azerbaijan Democratic Party (ADP) region organization in Salyan was subjected to pressures by separate representations of region executive authority, citizens Alipasha Abdullayev, Aliagha Guliyev, Chingiz Bakhshiyev, as well as official regional police office, area attorney Ajdar Rahimov and Ilham Muradov, executive representative of Garabaghlar in Salyan region attempted to make village population to reject their signatures. On the other hand, it is informed on Emil Mammadov’s complaint on allowed illegalness to Selamet Kerimov, Chairman of Salyan Constituency Election Commission # 59. But he didn’t take any activity, and he participated at the session conducted at regional executive authority.
They also informed on the obstacles committed in the collection of signatures by activists of Azerbaijan Popular Front Party in Meyniman village and calling Nuremir Mammadov, Majlis chair of region department of Azerbaijan Popular Front Party (APFP) to Hajigabul region police department.
At the same time, Hasan Karimov informed in his application that APFP activists were subjected to pressures by police officials while collecting signatures in Mingachevir city, and Suleyman Kerimov, chair of APFP Mingachevir city department was taken to city police office on January 23, 2009 and there is not any information on his further fate. It is informed that activists of APFP Sabirabad region department Rovshan Saigov and Movsum Asgarov were detained by region police officials as they took part in signature collection campaign and they were accused of keeping drugs illegally.
Consequently, the application includes that village and settlement executive representatives were ordered to form obstacles in collecting signatures in the name of campaign groups on referendum including opposition parties. The application doesn’t include on the time and conditions under which the order had been given.
By informing on violating citizens’ suffrage through the above-mentioned actions, the applicant asked for taking lawful measures on te people who allowed such violation. As the application 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” and submitted in the defined period, it was accepted to investigation.
In the process of investigation, authorized representative Hasan Kerimov was kept contact with and informed on his rights to participate in investigation. He informed that he had not any other additional evidences to present apart from the information provided.
Rasim Beshirov, head of Salyan region executive authority was called in the aim of conducting investigation related to interference by citizen Emil Mammadov in the process of signature collection in Salyan region (26 January, 2009, at 11.30). R. Beshirov informed that apart from being head of ADP region organization, Emil Balamirze oghlu Mammadov is also chair of “Assistance to Democracy” public union and therefore, his participation in signature collection is contrary to Article 57.1 of Election Code. At the same time, Emil Mammadov was disguised as authorized representative of “Protection of Oilmen’s Rights” public organization while collecting signatures in Garabaghlar village and conducted collection of information on ID cards of the population by stating that he will form protection of their rights. Village population informed Ilham Mammadov, village executive representative on illegal collection if signatures in the application. By considering all these, E. Mammadov was orally warned on this activity.
Selamet Kerimov, chairman of Salyan Con.EC # 59 stated in his oral explanation by phone (26 January, 2009, at 9.45) that his participation at the session in region executive authority aimed to ask for assistance in the work of specifying voters’ lists by region executive structures. This meeting headed by Region executive authority was dedicated to repair issues of election precincts. As to Selamet Kerimov, at the session, head of region executive authority did not give any order to local executive bodies related to forming obstacles in signature collection campaign.
The letter # 258, dated on 26 January, 2009 by Hamlet Salahov chair of Salyan region police department includes that visit of Ajdar Rahimov, inspector of Salyan police department police major to Emil Mammadov was related to collecting signatures from people under the name of settling problems connected with gas and electricity of population. In his conversation with E. Mammadov, E. Rehimov warned that such cases should be prevented. During the investigation conducted in region police department not any law violation was found out.
For immediately reporting on the facts of forming obstacles in the work of collecting signatures by APFP activists in Hajigabul, Sabirabad regions and Mingachevir city, chiefs of Hajigabul region and Mingachevir city police offices were called and chief of Sabirabad region police office was sent letter # 10/20-52 dated on 26 January, 2009 by fax.  The letters # 19 entered Hajigabul region and Mingachevir city police departments by fax on 26 January, 2009 include that the people indicated in the application were not called to the police departments or taken there and the people collecting signatures were not subjected to any pressure.
The letters # 464 and 465 dated on 26 January 2009 entered by Agil Veliyev chief of Sabirabad region police department, police colonel inform that Sabirabad city inhabitants Rovshan Balagardash oghlu Sadigov and Movsum Israil oghlu Asgarov were taken to Sabirabad region police department on administrative measures for not abiding by police requirements on 21 January 2009 and Sabirabad region court adopted judgment on their administrative arrest for 2-3 days. Meanwhile, it is informed that as R. Sadigov and M. Asgarov were caught for 7, 93 and 7, 84 grams dried marijuana on individual consumption criminal suits were commenced on them pursuant to Article 234.1 of Criminal Code of the Republic of Azerbaijan and by decision of Sabirabad region court, arrest was chosen as resolute sentence. As to Agil Veliyev, while taking to region police departments, not any signature sheet by R. Sadigov and M. Asgarov was discovered and their membership to APFP is unknown.
Later according to our oral inquiry the letter # BM-38 dated on 26 January 2009 by the sign of D. Aliyev, first deputy head of Neftchala region executive authority and the letter # 20/35 dated on 26 January 2009 by L. Babayev head of Zerdab region executive authority inform that there doesn’t exist any order on forming obstacles in signature collection campaign in region executive authorities.
So, the fact indicated by the authorized representative of “Movement for Garabagh and Republic” 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 Hasan Kerimov, authorized representative of “Movement for Garabagh and Republic” 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 opinion shall be published within 24 hours since the moment of adoption (shall be located on web site) and its copy shall be delivered to the complainer.

Member of Expert Group
under Central Election Commission                                                                 Emin Guliyev