OPINION

of Mr. Emin Guliyev, Member of Expert Group under Central Election 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 appeal # 44 by Rafig Ismayil oghlu Rahimov nominated to the membership of Sabunchu municipality on Sabunchu II Con.EC # 27 related with Municipal Elections appointed to 23 December 2009

Baku city                                                           27 November 2009, at 11.20

On November 24, 2009, Rafig Ismayil oghlu Rahimov nominated by Democratic Azerbaijan World Party to the membership of Sabunchu municipality on Sabunchu Con.EC # 27 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by the above-mentioned Con.EC, he asked for taking relevant activities defined by law. 
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, complainer R.Rahimov was kept contact with and informed on his rights to present additional evidences and participate in the investigation. R.Rahimov stated that he had not any additional evidence to present except the information included in the complaint.
According to the opinions of the expert of Court Expertise Center of Ministry of Justice of the Republic of Azerbaijan and the specialist of General Passport, Registration and Migration Office of the Ministry of Internal Affairs who were invited by us for the investigation of the complaint, 12 out of 100 voters signatures submitted were regarded valid.
Pursuant to Article 215.1.1 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 100 voters signatures for the registration in the area the population of which is more than 49.999 persons.
By considering the above-mentioned, pursuant to Articles 19.4, 28.2, 112, 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:

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                            Emin Guliyev