OPINION

on the appeal submitted by the authorized representativeof Musavat Party Gulaga Aslanly, 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, 11:00

I, the member of the expert group Ramiz Ibrahimov after the investigation of a complaint submitted by the authorized representative of Musavat Party Gulaga Aslanly and concerned with the decisions # 24/2, 24/3, 24/4, 24/5, 24/6, 24/7, 24/8, 24/9, 24/10, 24/11 adopted on November 21, 2009 by Khacmaz village constituency # 56 defined following:
As the appeal was compiled in accordance with Election Code 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.
On November 24, 2009, the authorized representative of Musavat Party Gulaga Aslanly applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal stating that on November 21, 2009 the Khachmaz village constituency # 56 made groundless decisions on refusal of registration of the candidates nominated by the party. These decisions are following: decision # 24/2 regarding a candidate Mustafayev Bahruz nominated to Niyazoba municipality, 24/3 and 24/6 on the candidates Amrakh Heybat Salman and Qurbanov Sahib Ismail nominated to Naracan municipality, 24/4 on the candidate Hajiyev Bashir Anvar nominated to Kohna Khudat municipality, 24/5 on the candidate Chobanov Nasib Safar nominated to Godakli municipality, 24/7 and 24/11 on the candidates Yusifov Baba Aliyeydar and Ramazanov Shovket Alishan nominated to Murshudova municipality, 24/8 Hajiyev Javid Islam nominated to Pirquluoba municipality, 24/9 on the candidate Atamaliyev Hajibala Hajibala nominated to Uzunova municipality, 24/10 on the candidate Abdullayev Gulbala Safar nominated to Qusarchay municipality.
At the process of investigation, the authorized representative Gulaga Aslanly was contacted on the phone and informed of his rights to submit additional evidences related to the facts indicated in the appeal. At the same time he was explained of his right to participate at the investigation. Gulaga Aslanly noted that all documents necessary for registration of candidates were submitted to the ConEC and there are no additional evidences other than that indicated in the appeal and he can only provide with relevant explanations and oral information.  
Khachmaz ConEC 56 provided the expert group member with the registration documents of candidates indicated in the appeal and necessary for investigation.
As the result of investigation and based on evidences, it was defined that the reason for refusal of candidates’ registration by constituency election commission was that the candidates should have included the information on the land areas they use registration documents in the provision of property. Another reason was lack of sufficient number of signatures.   
At the process of investigation, the registration documents was checked by the working group in accordance with the law which was composed of the specialists invited from different executive bodies to check the correctness of signature sheets and other documents necessary for registration of candidates. It was determined, that there are sufficient number of signatures in the signature sheets necessary for registration of candidates to run for elections in appropriate municipalities. In addition to that, during the process of investigation of the information on candidates’ property owed by them on the basis of the right of possession, it was determined that even though the candidates use the mentioned land areas, there were not found any documents verifying the fact that these lands are owed by them.  
Based on the facts and evidences, it was determined that the appeal is grounded and should be satisfied. The decisions of the constituency election commission on refusal of registration of candidates to the municipality membership should be cancelled, and according to Articles 58-60 of Election Code, the candidates should be registered to run for the membership in appropriate municipalities.
In accordance with Article 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:

Expert group member                                                                     Ramiz Ibrahimov