OPINION
of Mr. Ramiz Ibrahimov, 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                                                                                            24 January 2009, At 17.00

I, Ramiz Ibrahimov, 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 22, 2009 on forming obstacles for this initiative group in the process of collecting signatures by police and calling the people collecting signatures to the police department.
Gulagha Aslanli, authorized representative of “Republicans”  initiative group on referendum applied to Central Election Commission and informed that on January 19, members of the initiative group Ogtay Zeynalov, chair of Ganja city organization of Musavat Party and Jahangir Emirkhanli, assembly member of the party were called to the police department by Aghahuseyn  Mammadov, head of Nizami region police office in Ganja city and during the meeting, police chief told them that he wouldn’t allow anybody to collect signatures within Nizami district in Ganja, since now he prohibits signature collection. Authorized representative stated that this action of police chief causes criminal liability and asked for lawful measures on him.
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 addititonal evidences to present apart from the information provided.
For conducting investigation on this issue and immediate reporting, Mr. Rasim Musayev, chief of Ganja city police office was sent a letter to by fax.
Reply letter # 1/3-274 dated on 23 January 2009 entered by the sign of the chief of Ganja city police office includes that by applying to Nizami district police department with an application, citizen Fazil Musa oghlu Gurbanov living in house # 28 in Sabir str. in Ganja and Adil Ahmad oghlu Aliyev living in house # 25 in N.E.Huseynzade str., stated that members of Musavat Party Ogtay Zeynalov and Jahangir Emirkhanli who they did not know before, they became familiar afterwards, came to “Khan Baghi” park in Ganja city where these citizens work, began to call the resting people to make speeches against Israel state y conducting conversations and propagandas and made them to collect signatures. The complaints were registered with G-14 and E-22 on 18.01.2009 and investigation was conducted in Nizami district police department. On the occasion of investigation, Ogtay Zeynalov and Jahangir Emirkhanli were invited to Ganja city  Nizami district police department on 19.01.2009, met by Aghahuseyn Mammadov, police colonel of the department and prophylactic conversations were conducted with them. Inviting  Ogtay Zeynalov and Jahangir Emirkhanli to the police department was based on the complaint and had no relation with referendum to be held on 18 March 2009.
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 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) and its copy shall be delivered to the complainer.

Member of Expert Group
under Central Election Commission                                                                 Ramiz Ibrahimov