DECISION

of Central Election (Referenda) Commission
of the Republic of Azerbaijan

on consideration of appeal submitted by the authorized representative of referendum initiative group “Respublikachilar” in referendum appointed for March 18, 2009

On January 28, 2009 the authorized representative of the referendum initiative group “Respublikachilar” Gulaga Aslanly applied to Central Election (Referendum) Commission of the Republic of Azerbaijan claiming that on January 21, 23 and 24 of current year, persons collecting signatures (Azer Nagiyev, Mehman Ismayilov, Namig Akberly, Fehreddin Abbas) in support of the referendum initiative group mentioned above in the different areas of the republic (Jalilabad, Khachmaz, Ismayilli, Lenkeran, Neftchala regions and Sumgayit city) faced the interference with their activity on collecting signatures by police and local executive authorities who withdrew and spoiled the signature sheets and reported that in spite of informing constituency election (referendum) commissions on the events took place in Lenkeran and Neftchala regions, it did not attempt to stop these actions and requested to undertake appropriate measures on the persons committed illegal actions, as well as to provide with new signature sheets instead of spoiled ones.
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 was determined that the part of cases indicated in current appeal on the events took place assumingly in Jalilabad, Khachmaz, Ismayilli region and Sumgayit city were mentioned in appeals submitted by Gulaga Aslanly to Central Election (Referendum) Commission on January 21, 23 and 24 of January, 2009 and members of expert group established within Central Election (Referendum) Commission investigated them and according to the decision 3/15 dated on January 24, 2009; 4/21 dated January 27, 2009 and 5/26 dated on January 29, 2009, Central Election (Referendum) Commission decided not to satisfy the appeals due to lack of grounds.   
Regarding cases took place in Lenkeran and Neftchala, the appeal did not contain any information on the place, time, address and persons committed illegal actions, there was not enough evidences provided on assumed violations during the investigation and no information and complaints were submitted to relevant constituency commissions. No cases on interference with the process of signatures collecting, withdrawal of signatures and spoiling of signature sheets by police and local executive authorities were registered within the territory of referred constituencies.
The authorized representative did not provide any evidences on this issue.
Due to the presence of the relevant decisions of authorized bodies on part of the cases mentioned in the appeal of Aslanly G., it was considered impossible to examine essence of the same issues at second time. Other issues indicated in the appeal did not find their confirmation and were not 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:   

1. The appeal of the authorized representative of referendum initiative group “Respublikachilar” Gulaga Aslanly shall not be satisfied due to lack of grounds.

2. 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

DECISION

of Central Election (Referenda) Commission
of the Republic of Azerbaijan

on consideration of appeal submitted by the authorized representative of referendum initiative group “Respublikachilar” in referendum appointed for March 18, 2009

On January 28, 2009 the authorized representative of the referendum initiative group “Respublikachilar” Gulaga Aslanly applied to Central Election (Referendum) Commission of the Republic of Azerbaijan claiming that on January 21, 23 and 24 of current year, persons collecting signatures (Azer Nagiyev, Mehman Ismayilov, Namig Akberly, Fehreddin Abbas) in support of the referendum initiative group mentioned above in the different areas of the republic (Jalilabad, Khachmaz, Ismayilli, Lenkeran, Neftchala regions and Sumgayit city) faced the interference with their activity on collecting signatures by police and local executive authorities who withdrew and spoiled the signature sheets and reported that in spite of informing constituency election (referendum) commissions on the events took place in Lenkeran and Neftchala regions, it did not attempt to stop these actions and requested to undertake appropriate measures on the persons committed illegal actions, as well as to provide with new signature sheets instead of spoiled ones.
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 was determined that the part of cases indicated in current appeal on the events took place assumingly in Jalilabad, Khachmaz, Ismayilli region and Sumgayit city were mentioned in appeals submitted by Gulaga Aslanly to Central Election (Referendum) Commission on January 21, 23 and 24 of January, 2009 and members of expert group established within Central Election (Referendum) Commission investigated them and according to the decision 3/15 dated on January 24, 2009; 4/21 dated January 27, 2009 and 5/26 dated on January 29, 2009, Central Election (Referendum) Commission decided not to satisfy the appeals due to lack of grounds.   
Regarding cases took place in Lenkeran and Neftchala, the appeal did not contain any information on the place, time, address and persons committed illegal actions, there was not enough evidences provided on assumed violations during the investigation and no information and complaints were submitted to relevant constituency commissions. No cases on interference with the process of signatures collecting, withdrawal of signatures and spoiling of signature sheets by police and local executive authorities were registered within the territory of referred constituencies.
The authorized representative did not provide any evidences on this issue.
Due to the presence of the relevant decisions of authorized bodies on part of the cases mentioned in the appeal of Aslanly G., it was considered impossible to examine essence of the same issues at second time. Other issues indicated in the appeal did not find their confirmation and were not 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:   

1. The appeal of the authorized representative of referendum initiative group “Respublikachilar” Gulaga Aslanly shall not be satisfied due to lack of grounds.

2. 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