OPINION
of Mrs. Irade Hajiyeva, 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 Musavat Party related with Municipal Elections appointed to 23 December 2009

Baku city                                                                                                                                                                 14 November 2009, at 16.30

Mr. Gulagha Aslanli, authorized representative of Musavat Party which nominated candidates to municipality membership in relation with Municipal Elections appointed to 23 December 2009, appealed to the Central Election Commission of the Republic of Azerbaijan in written form on 13 November 2009 and informed that Mirzali Farzali oghlu Abdulov nominated by this party to the membership of Tirjan municipality on Ismayilli Con.EC # 86 was called to the department by the Methodist on Military affairs of Education Department in Ismayilli region, he was menaced with withdrawal of his candidacy, otherwise dismissing him from his post, therewith he was incurred to moral oppressions at Military Commission and Executive Authority, therefore Mr. Gulagha Aslanli asked for taking relevant activities defined by law related to this.
As the appeal was legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and 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, the authorized representative Mr. Gulagha Aslanli was kept contact with and informed on his rights to present additional evidences and participate in the investigation. G.Aslanli stated that he had not any additional evidence to present except the information included in the complaint.
I conducted investigation on the received complaint. At the result of the investigation it became clear that the candidacy of Mirzali Farzali oghlu Abdulov was nominated by Musavat Party on 4 November 2009 and on the same day, decision was adopted on the approval of his nomination by the decision of the Constituency Election Commission (Con.EC). Pursuant to Article 57 of Election Code of the Republic of Azerbaijan, the candidate was provided with signature sheets for the collection of voters’ signatures in support of the candidate. On 10 November 2009, Mirzali Farzali oghlu Abdulov applied to the Con.EC with application on the cancellation of his nomination. The Con.EC considered this application at its session and implemented the appeal by taking the requirements of Article 73-1.1 of Election Code as a basis.
It became clear from the application on the cancellation of the candidacy of M.F.Adbulov, his explanation on this case during investigation, as well as from the reference of the Con.EC chairperson that withdrawal of his candidacy was voluntary and there was not any oppression related on this.
Pursuant to Articles 1112, 112-1, 112-1.5.4 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4 and 6, 7 of Instruction “on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                                                                                                                                                            Irade Hajiyeva