DECISION
of Central Election (Referenda) Commission
of the Republic of Azerbaijan
on consideration of appeal submitted by an authorized representative of the referendum initiative group “Respublikachilar” in referendum appointed for March 18, 2009
On January 26, 2009 the authorized representative of the referendum initiative group “Respublikachilar” Gulaga Aslanly applied to Central Election (Referendum) Commission with a claim that on January 22-23, persons collecting signatures (Bahruz Mustafayev, Mehman Ismayilov and Heybet Amrakh) in Garabaglar and Nejeren villages of Hachmaz region were illegally pressured by local executive authority, municipality and police officers and requested to stop actions contradicting the law and to undertake appropriate measures defined by law on it.
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, a member of an expert group established within the Central Election (Referendum) Commission investigated the appeal of the authorized representative and provided relevant opinion on it which was considered at the meeting of Central Election (Referendum) Commission.
As a result of investigation, it became apparent that pursuant to Article 296 of Code on administrative offences, a court imposed administrative punishment on the resident of Hudat city R. Seyidov who ripped a signature sheet of Ismayilov M., a person collected signatures.
There was not established any cases of illegal pressure on the persons collecting signatures mentioned above. The authorized representative did not provide any evidences on this issue.
So, the appeal of the authorized representative of referendum initiative group “Respublikachilar” Gulaga Aslanly did not find its confirmation during the investigation and the appeal shall not be satisfied due to lack of grounds.
Taking the above mentioned as basis, pursuant to Article 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions” the Central Election Commission shall decide:
- The appeal of the authorized representative of referendum initiative group “Respublikachilar” Gulaga Aslanly shall not be satisfied due to lack of grounds.
- Decision shall come into force from the moment of its publication.
CEC Chairman Mazahir Panahov
CEC Deputy Chairman Svetlana Gasimova
CEC Secretary Natig Mammadov
CEC Commissioners:
Fuad Javadov
Ramiz Ibrahimov
Valida Kazimova
Gabil Orujov
Tofig Hasanov
Ilham Mammadov
Nizami Nadirov
Azer Taghiyev
Tamam Jafarova
Rovshan Ismayilov
Oktay Humbatli |