OPINION
of Mr. Rafig Abbasov, 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 28 January 2009
I, Rafig Abbasov, 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. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum on January 26, 2009 on forming obstacles for this initiative group in the process of collecting signatures by executive authorities, municipalities and police bodies and in this aim, calling the people collecting signatures to the police department in Khachmaz region .
Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum applied to Central Election Commission and informed that on January 22, Behruz Mutafayev who collects signatures in Garabaghlar village of Khachmaz region was taken to the police office and subjected to pressures by municipality chair and police attorney, during collecting signatures Chingiz Kerimov, member of Musavat Party in Khudat settlement was detained by police attorney Ogtay Hasanov and by taking to the working room of Elman Allahyarov, municipality chair, they made him physical and moral pressures, on January 23, Musavat member Mehman Ismayilov in Khudat settlement was arrested while collecting signatures and at this time, his signature sheets were torn out.
In the appeal it is also indicated that Heybat Emrah, member of Musavat Party, inhabitant of Nejeran village in Khachmaz region was subjected to pressure while collecting signatures, Galib Tariverdiyev, deputy head of executive unit in Nerejan village came to home and stated that he would not allow signature collection by the order of Shamsaddin Khanbabayev, head of region executive authority and the applicant also asked for preventing the allowed unlawful actions and taking necessary activities for blaming the guilty people.
As the appeal 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 Gulagha Aslanli 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.
For conducting investigation on this issue and immediate reporting, Khachmaz region executive authority was kept contact with and Nazim Alirzayev, chief of region police department was sent a letter by fax.
Reply letter # 46 dated on 26 January 2009 entered y A. Khanbabayev, head of Khachmaz region executive authority includes that signature collection campaign was conducted under transparent conditions within the region and in this process, not any obstacle is formed by the region executive authority.
The letter also points out that in some villages of the region, while collecting signatures, representatives of Musavat Party gave false promises to the voters and this caused concerns among people, therefore they were isolate from these areas.
It is indicated in the letter # 377 entered Central Election Commission by the sign of Nazim Alirzayev, head of Khachmaz region police department on 26 January 2009 that on 23.01.2009 while collecting signatures in Godekli village of the region, Mehman Kamil oghlu Ismayilov made R.B. Seyidov to sign the signature sheet without giving any explanation and later conflict was formed between them, therefore they were invited to the administrative apartment of municipality by the chair of village municipality. Municipality chair informed police inspector on this and at this time, R. Seyidov tore out his signature sheet. Related to the fact, police inspector came to the place and by conducting investigation according to the written appeal of Mehman Ismayilov, exposed R. Seyidov to court liability y Article 296 of Code of Administrative Offences of the Republic of Azerbaijan. During investigation, M. Ismayilov was indeed invited to the police department, but he was not made any pressure.
According to the information of N. Alirzayev, reports on the pressures made upon Chingiz Kerimov, member of Musavat Party in Khudat city and Behruz Mustafayev in Garabaghlar village while collecting signature are gdoundless.
It was determined at the result of investigating the appeal by G. Aslanli, the facts indicated by the authorized representative of “Republicans” initiative group on referendum have 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 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 opinion shall be published within 24 hours since the moment of adoption (shall be located on web site of CEC) and its copy shall be delivered to the complainer.
Member of Expert Group
under Central Election Commission Rafig Abbasov |
