OPINION
of Mrs. Valida Kazimova, 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                                                                                                                                                      15 November 2009         At 12:00

In Municipal Elections appointed to 23 December 2009, in his complaint addressed to the Central Election Commission of the Republic of Azerbaijan on 13 November 2009, Mr. Gulagha Aslanli informed that Elkhan Haji oghlu Aliguliyev nominated to the membership of Galaghayi municipality on Sabirabad Con.EC # 63 by Musavat Party was exposed to illegal oppression by Zulfali Musayev, village executive representative in the aim of withdrawing Elkhan’s candidacy and G.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 entered appeal.
The letter # 179 entered with the sign of Mastali Nuriyev, chairman of Sabirabad Con.EC # 63 on 13 November 2009 points out that Musavat Party has submitted notification and application on commitment defined by election legislation for the nomination of Elkhan Haji oghlu Aliguliyev to the membership of Galaghayin municipality located within the territory of the above-mentioned constituency. These documents were considered at the Con.EC on 7 November 2009 and decision was adopted on providing Elkhan Aliguliyev with signature sheets. But Elkhan Haji oghlu Aliguliyev did not return signature sheets untill the deadline defined by Election Code, i.e. until 13 November, 18:00.
The written comment provided by Zulfali Musayev, village executive representative shows that Elkhan Haji oghlu Aliguliyev was not exposed to any menace nominated to municipality membership by Musavat Party.
At the same time it was defined that the complaint by citizen E.H.Aliguliyev was not entered the CEC.
The application entered the CEC by Elkhan Haji oghlu Aliguliyev on 15 November 2009 points out that not any document was submitted by him to the above-mentioned Con.EC and he had not any complaint.
Pursuant to Articles 1112, 112-1 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: