OPINION
On the appeal # 58 of November 24, 2009 submitted by the authorized representative of Umid Party, and investigated by Ramiz Ibrahimov, member of the Expert Group established within the Central Election Commission of the Republic of Azerbaijan with the aim of investigation of complaints on actions (inactions) and decisions violating citizens’ suffrage and related to the municipal elections appointed to December 23, 2009
Baku November 27, 2009,
11:30
On November 24, 2009, the authorized representative of Umid Party applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal regarding the candidates nominated on behalf of the party to the membership in Bakihanov municipality of Sabunchu I ConEC # 26 Abdullayev Rashid Nizami, Ibrahimov Ilqar Ali; Kurdahani municipality of Sabunchu II ConEC # 27 Mirzayev Zakir Idris; Mashtaga municipality of Sabunchu III ConEC # 28 Babayev Ramil Kamil and Khalilov Alamdar Tofiq; Hovsan municipality of Surakhani I ConEC # 30 Qadiyev Alifaga; Novkhani municipality of Sumqayit-Absheron ConEC # 44 Asgerov Jeyhun Asger and Jabbarov Balakishi Arshad; Hacibeyli municipality of election constituency of Barda city # 93 Jafarov Ismayil Alish; Aliyanly municipality of election constituency of Barda village # 94 Asgerov Amil Musa, Asadov Eldar Tofiq; Korpusindiran municipality Huseynov Mohubbat Mahammad; Otuzikilar municipality Salmanov Isa Ahliman; Qazma municipality of Balaken ConEC # 109 Irazov Jahangir Soltanaziz and Muradov Abdulla Qurbanhaji; Yuhari Chardahlar municipality of Zaqatala ConEC # 110 Mustafayeva Yaqut Uzeyir. The appeal stated that the ConECs mentioned above illegally refused to register the candidates and requested to undertake appropriate measures defined by law.
As the appeal was compiled in accordance with articles 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, it was accepted for investigation.
At the process of investigation, the authorized representatives of Umid Party were contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation. The authorized representatives did not submit additional evidences other than that indicated in the appeal.
As a result of investigation, it was determined that the appeal is grounded, it should be satisfied, the decision of the constituency election commission on refusal of registration of candidates to the municipality membership should be cancelled, and the candidates should be registered for the membership in appropriate municipality.
Based on the statements mentioned above and in accordance with Articles 19.4, 28.2, 112 and 112-1 of Election Code of the Republic of Azerbaijan and provisions 1,2,4,6, and 7 of the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to opinion:
- To satisfy the appeal # 58 of November 24, 2009 submitted by the authorized representative of Umid Party due to the fact that the appeal is grounded and to cancel the decision of the constituency election commissions indicated in introduction part of this document;
- To register candidates whose names are indicated in introduction part of this document to run for membership in appropriate municipalities.
- The opinion shall be published within 24 hours from the moment of its adoption (on the web site of Central Election Commission) and a copy should be sent to the applicant.
Expert group member Ramiz Ibrahimov |
