OPINION
of Mr. Tofig Hasanov, 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 26 January 2009
I, Tofig Hasanov, 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 24, 2009 on forming obstacles for this initiative group in the process of collecting signatures by some officials of local executive authorities and police bodies and their dismissal from works in Jalilabad and Neftchala regions .
Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum applied to Central Election Commission and informed that on January 22, Nazim Salimov, deputy chair of Jalilabad region executive authority required 26 teachers in Uchtapa secondary school to reject their signatures and menaced them by firing from their works.
In his appeal, the applicant also indicated that Ajdar Kerimov, head of Neftchala region educational department, Beybala Gasimov, deputy head of Neftchala region organization of the New Azeraijani Party, Gulnaz Dadashova, director of school # 4, Mahir Aliyev, area attorney of Neftchala region police department and Ilyas Penaliyev, director of Neftchala Technical-Vocational school menaced several people by dismissing from their works as they signed signature sheets.
Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum asked for taking measures to prevent the allowed unlawful actions.
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, the people on determination were inquired.
Nazim Selimov, deputy head on agrarian issues of Jalilabad region executive authority, teachers of Uchtapa village secondary school in Jalilabad region Mehman Ahmadov, Mahammad Mirzayev, Javanshir Rustamov reported that not any session or meeting related on referendum was held in Uchtapa village school. This information is also indicated in reference of secondary school dated on 24 January 2009. In his report Nazim Selimov indicated on his visit to Uchtapa village territorial representation related to organizational issues on 19 January 2009.
In their explanations, Ajdar Kerimov, head of Neftchala region educational department, Beybala Gasimov, deputy head of Neftchala region organization of the New Azeraijani Party, Gulnaz Dadashova, director of school # 4, Mahir Aliyev, area attorney of Neftchala region police department, Ileignatuyas Penaliyev, director of Neftchala Technical-Vocational school and Abdulla Rzayev, director of Mirgurbanli village school stated that they didn’t make pressures on anyone on not signing signature sheets and fired no one of the above-mentioned people from work.
Citizens Elkhan Asadov, Valeh Hajiyev, Hilal Jafarov and Huseyn Farajov whose rights were violated according to the appeal, stated in their reports that the information in the appeal is falsified and slander, they were not subjected to any pressure and were not fired.
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 Tofig Hasanov |
