OPINION

of Mr. Rovshan Ismayilov, 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 complaint # 24, dated on 18 November 2009 by the authorized representative of Azerbaijan Hope Party  related with Municipal Elections appointed to 23 December 2009

Baku city                                                           27 November 2009, At 14.15

On November 18, 2009, the authorized representative of Azerbaijan Hope Party that nominated candidates to the municipality membership related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that the candidacy of Zamin Asadulla oghlu Mustafayev nominated by this party to the membership of Garachukhur municipality on Surakhani II Con.EC # 31 was illegally refused by the above-mentioned Con.EC, and asked for taking relevant activities defined by law. 
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, a member of an expert group established within the Central Election Commission investigated the appeal and provided relevant opinion on it which was considered at the meeting of Central Election Commission. 
In the process of investigation, complainer the authorized representative of Hope Party was kept contact with and informed on his rights to present additional evidences and participate in the investigation. The authorized representative stated that he had not any additional evidence to present except the information included in the complaint.
At the result of investigation, as the appeal was determined to be grounded, it shall be implemented, the Con.EC decision on the refusal from registration shall be annulled and the candidacy on the membership of the relevant municipality shall be registered.
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:

1. As the appeal of the authorized representative of Azerbaijan Hope Party is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Zamin Asadulla oghlu Mustafayev nominated to the membership of Garachukhur municipality shall be registered.
3. The opinion shall be published within 24 hours since its adoption (it shall be located on the web site of the Central Election Commission) and its copy shall be sent to the complainer.

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                   Rovshan Ismayilov