OPINION
of Mr. Rovshan Ismayilov, 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                                                                                                                                                30 January 2009, At 14.00

Mr. Gulagha Aslanli, authorized representative of “Republicans” initiative group on referendum applied in written form to Central Election (Referendum) Commission of the Republic of Azerbaijan on January 28, 2009 on forming obstacles for some people collecting signatures (Azer Naghiyev, Mehman Ismayilov, Namig Akbarli, Fakhraddin Abbas) in the process of collecting signatures in support of this initiative group by executive authorities and police bodies  in separate regions of the republic (Jalilabad, Khachmaz, Ismayilli, Lankaran, Neftchala regions and Sumgayit city) on January 21, 23 and 24 of the current year, signature sheets were spoilt, the applicant contended that though the relevant Constituency Election (Referendum) Commission was informed on the events in Lankaran, Neftchala, not any activity was taken, therefore he asked for taking relevant measures on the people who committed unlawful actions and replacing the spoilt signature sheets with new ones.
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.
I conducted investigation related to the entered issue. At the result of investigation it was determined that as a part of the cases (related to those which are supposed to be committed in Jalilabad, Khachmaz, Ismayilli, Lankaran, Neftchala regions and Sumgayit city) indicated in the existing appeal have been also included in the appeals entered Central Election (Referendum) Commission by Gulagha Aslanli dated on January 21, 23 and 24, 2009, separate members of Expert Group under Central Election (Referendum) Commission conducted investigation and the appeals were considered at the session of Central Election (Referendum) Commission, relevant decisions were adopted on not implementing these appeals because of groundlessness (Decisions # 3/15 dated on January 24, 2009, # 5/26 dated on January 29, 2009, # 4/21 dated on January 27, 2009).
The appeal did not include any information on concrete address, place, time of the supposed events in Lankaran and Neftchala regions and on the person who allowed law violation, committing the supposed cases was not proved, the relevant Constituency Election Commissions were not informed or received any complaints on these and not any case was noted concerning obstacles formed by local executive and police bodies in the collection of voters’ signatures within these constituencies.
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                                                                 Rovshan Ismayilov