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 # 32, dated on 21 November 2009 by Tahir Musa oghlu Ismayilov nominated on his own initiative to the municipality membership on Fuzuli Con.EC # 84 related with Municipal Elections appointed to 23 December 2009
Baku city 27 November 2009, at 12.30
On November 21, 2009, Tahir Musa oghlu Ismayilov nominated to the membership of Boyuk Bahmanli municipality on Fuzuli Con.EC # 84 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.
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, T.Ismayilov was kept contact with and informed on his rights to present additional evidences and participate in the investigation. T.Ismayilov 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 112, 112-1, 112-1.5.4 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to conclusion:
1. As the appeal # 32, dated on 21 November 2009 of Tahir Musa oghlu Ismayilov, candidate to the municipality membership is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Tahir Musa oghlu Ismayilov to the municipality membership 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 |
