OPINION
Baku
November 26, 2009
15:00
On the appeal # 55 of November 24, 2009, submitted by nominated candidates in Muhas municipality of Oguz region
Jamaladdinov Vuqar Hasan and Salamov Sahsavet Nofel, and investigated by Rafiq Abbasov, 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
On November 24, 2009, nominated candidates to the membership in Muhas municipality of Oguz-Qebele constituency # 117 Jamaladdinov Vuqar Hasan and Salamov Sahsavet Nofel, applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal, related to municipal elections appointed to December 23, 2009, stating that the ConEC mentioned above illegally refused to register them as candidates and requested to undertake appropriate measures defined by law.
As the appeal was compiled in accordance with 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, applicants were contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation. They noted that there are no 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 # 55 of November 24, 2009 submitted by nominated candidates to the municipality membership Jamaladdinov Vuqar Hasan and Salamov Sahsavet Nofel, due to the fact that the appeal grounded and to cancel the appropriate decision of the constituency election commission;
- To register the mentioned persons as candidates to appropriate municipality.
- 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 Rafiq Abbasov
|
