OPINION
of Mr. Ramiz Ibrahimov, 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 by Mr. Gulagha Aslanli, authorized representative of Musavat Party related with Municipal Elections appointed to 23 December 2009

Baku city                                                                                                                                                                        16 November 2009        

I, member of Expert Group Mr. Ramiz Ibrahimov investigated the appeals # 08/s, 10/s, 12/s entered the Central Election Commission on 13 November 2009 by Mr. Gulagha Aslanli, authorized representative of Musavat Party in Municipal Elections appointed to 23 December 2009 and determined that:
As the appeals had been legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them” and submitted in the defined period and the essence of the violations claimed in each of three appeals and repetition of the election commissions which the requirement was directed to, they were adopted to investigation by being combined in one execution.
In Municipal Elections appointed to 23 December 2009, Mr. Gulagha Aslanli, authorized representative of Musavat Party appealed to the Central Election Commission and informed that the Con.ECs in Nasimi first Con.EC # 21, Nasimi second Con.EC # 22, Nasimi-Sabail Con.EC # 23, Sumgayit second Con.EC # 42, Lankaran city Con.EC # 73, Lankaran-Masalli Con.EC # 75, Lankaran-Astara Con.EC # 76, Agjabedi Con.EC # 82, Agjabedi-Aghdam Con.EC # 83, Shamkir city Con.EC # 98, Shamkir village Con.EC # 99, Zagatala Con.EC # 110 and the Con.ECs in Nakhchivan Autonomous Republic delayed the approval of the candidates nominated by Musavat Party and issuing signature sheets to them, their authorized representatives were required to submit additional documents and they expressed opinions on the inaccuracy of the submitted documents. The authorized representative estimated these cases as giving new instructions in traditional Sunday observations of the region executive authorities and causing additional problems, he asked for investigating these cases and penalizing all the persons and organizers who have committed this.
In the process of investigation, the authorized representative Mr. Gulagha Aslanli was kept contact with by phone and offered to submit additional evidences related to the cases noted in the appeals. At the same time, he was informed of his right to participate in the investigation. Not any additional evidence was introduced by him.
The authorized representative noted that he had not any additional evidence to present except the information included in the complaint, he had obtained all the information by phone, he had not got any written document and in general, there was no need to re-verify the facts included in the appeals.
Concerning the investigated appeals, the Con.ECs in Nakhchivan Autonomous Republic – Sharur-Sadarak Con.EC # 1, Sharur Con.EC # 2, Babek-Kangarli-Nakhchivan Con.EC # 3, Nakhchivan Con.EC # 4, Shahbuz-Babek Con.EC # 5, Julfa-Babek Con.EC # 6, Ordubad-Julfa Con.EC # 7 and Nasimi first Con.EC # 21, Nasimi second Con.EC # 22, Nasimi-Sabail Con.EC # 23, Sumagyit second Con.EC # 42, Lankaran city Con.EC # 73, Lankaran-Masalli Con.EC # 75, Lankaran-Astara Con.EC # 76, Agjabedi Con.EC # 82, Aghjabedi-Aghdam Con.EC # 83, Shamkir city Con.EC # 98, Shamkir village Con.EC # 99, Zagatala Con.EC # 110 submitted written information and references. The achieved facts and evidences prove that the cases included in the appeals by the authorized representative do not reflect the current condition objectively and they are contrary to the reality.
It was determined through the achieved evidences at the result of investigation:
Sharur-Sadarak Con.EC # 1 did not receive appeal on the nomination of a candidate to the municipality membership by Musavat Party.
On 10.11.2009, decision on the nomination of 26 persons to the municipality membership was submitted to Sharur Con.EC # 2 by Musavat Party. While conducting investigation in the constituency it was determined that Mansum Vali oghlu Hasanov from these persons was nominated by the New Azerbaijan Party and registered on 5.11.2009, 4 persons are the commission members representing Azerbaijan Hope Party at the Precinct Election Commissions (PECs) covering the constituency and by applying, they objected to their nomination, expressed their will to continue their activity at the PEC. Candidacy of a person, Fakhri Ahmad oghlu Abbasov was nominated on 2 municipalities, meanwhile his spouse is the member of the PEC which covers the municipality which he has been nominated to. The sister of nominated Jafar Mammad oghlu Jafarov is the member of the PEC that covers this municipality.
Though the names of 6 persons out of the nominated candidates have been included in the list, their documents were not submitted to the Con.EC. By considering the nomination of the remaining 12 persons legitimate, they were provided with signature sheets, but signature sheets were not returned to the Con.EC.
On 9 November 2009, 4 persons were nominated by Musavat Party to Babek-Kangarli-Nakhchivan Con.EC # 3, by approving their candidacies they were provided with signature sheets and on 12 November 2009, signature sheets and the documents attached to them were submitted to the Con.EC. It is evident that there was not any problem with candidate nomination and registration.
The candidacy of a person was nominated to the municipality membership by Musavat Party on Nakhchivan city Con.EC # 4, his/her candidacy was approved and signature sheets were provided, but signature sheets and the documents to be attached to them were not returned to the Con.EC.
The candidacies of the persons nominated to the membership of Nursu, Garabala, Kulus, Kechili, Shahbuzkand municipalities which cover Shahbuz-Babek Con.EC # 5 by Musavat Party were approved by the Con.EC and they were provided with signature sheets. But these signature sheets were not returned.
On 9 November 2009, Gasim Salman oghlu Gasimbeyli, chairman of Julfa region organization of Musavat Party submitted session minute of Divan of Musavat Party, dated on 26 October 2009 and notifications on candidate nomination which do not contain the surname, name, patronymic and signature of the authorized representative of the party to Julfa-Babek Con.EC # 6. Protocol decision of Divan of Musavat Party include the approval of the nomination of candidates to the membership municipalities on Julfa region that were indicated in Appendix # 1 made to the session minute, but the list of the nominated citizens were not indicated in this decision and Appendix # 1 was not submitted to the Con.EC. Gasim Salman oghlu Gasimbeyli, chairman of Julfa region organization of Musavat Party who submitted the documents and had not the status of authorized representative was informed on the shortcomings, he was asked to prevent them, afterwards not any document was submitted to the Con.EC.
3 persons from the members of Musavat Party nominated their candidacies to Julfa and Arafsa municipalities on their own initiatives and their candidacies have been registered.
Ordubad-Julfa Con.EC # 7 did not receive any appeal related to Municipal Elections by Musavat Party.
Preliminary documents submitted to Nasimi first Con.EC # 21 by Musavat Party in Municipal Elections were received on 5 November 2009, the submitted documents did not contain the list of the authorized representatives, candidates’ list was verified in a separate sheet and the names of the nominated candidates were not reflected in the session minute and decision. After the elimination of the mentioned shortcomings, the nominated candidates were provided with signature sheets on 9 November 2009, but the documents needed for the registration of candidates were not returned to the Con.EC.
Musavat Party nominated 9 persons to the municipality membership on Nasimi second Con.EC # 22, they were approved and a person from them did not get signature sheet. Up to present, no one of the candidates returned signature sheets.
Musavat Party nominated 4 persons to the municipality membership on Nasimi-Sabail Con.EC # 23 on 7 November 2009, on November 9 their candidacies were approved and signature sheets were issued. Up today signature sheets and other documents were not returned to the Con.EC.
When nominating a person called Fakhraddin Abbas to the municipality membership from Sumgayit second Con.EC # 42 by Musavat Party, the documents were not in order, after eliminating the irregularities his documents were received on 7 November 2009 and he required immediately to issue signature sheets. Then he was explained that he can’t be issued signature sheets until the approval of his candidacy at the session of the commission. And he valued this as unfair. On 9 November 2009, his candidacy was approved and he was issued signature sheets.
On 7 November 2009, documents on the candidacies of 4 persons to the municipality membership by Musavat Party on Lankaran city Con.EC # 73 were submitted, the candidacies of these persons were approved on 11 November and they were issued signature sheets. Not any problem was formed.
On November 7, 2009, the documents on the nomination of 6 persons to 5 municipalities were submitted to Lankaran-Masalli Con.EC # 75 by Yadigar Sadig oghlu Sadigov, chairman of Lankaran region organization of Musavat Party who has not got the status of authorized representative in Municipal Elections. This case did not meet the requirements of Election Code. By decision of Divan of Musavat Party dated on 9 November 2009, Yadigar Sadigov was appointed authorized representative in Municipal Elections, this decision was submitted to the Con.EC on 11 November 2009 and the issue on the nomination of the candidates of Musavat Party was immediately considered, the applications on rejecting the nomination of 2 candidates to the municipality membership were considered, the nomination of 4 persons were approved and they were issued signature sheets.
Musavat Party submitted documents on the nomination of 4 persons to the municipality membership to Lankaran-Astara Con.EC# 76 on 7 November, on 11 November their candidacies were approved and the authorized representative was issued signature sheets. Not any problem was formed.
On November 11, 2009 at 15:30, the documents on the nomination of 6 persons were submitted to Aghjabedi Con.EC # 82 by Tapdig Alikishi oghlu Abbas, authorized representative of Musavat Party. The candidacies of these persons were approved at the session conducted on 12 November at 16:00. Due to the absence of the authorized representative, Rashid Najafov and Ibrahim Hajiyev whose candidacies had been approved at 17:10 were submitted signature sheets by compiling an act.
On 11 November 2009, at 17:15, the authorized representative of Musavat Party Abbas Tapdig submitted the document on the nomination of a person to the municipality membership to Aghjabedi-Aghdam Con.EC # 83 and the next day the candidacy of this person was approved and signature sheets were provided. Not any problem was formed.
The candidacy of Fikret Mustafa oghlu Jafarli nominated to the membership of Shamkir municipality by Musavat Party was approved by decision of Shamkir city Con.EC # 98 and he was provided with signature sheets. Signature sheets for the candidate registration and the documents attached to them were submitted to the Con.EC on 12 November 2009 and at the present, these documents are checked in accordance with election legislation.
On 7 November 2009, Musavat Party submitted documents on the nomination of 10 persons to the municipality membership to Shamkir village Con.EC # 99. On 10 November 2009, the candidacies of these persons were approved. On the same day, a person called Fikret Jafarli nominated to the municipality membership on another constituency, i.e. Shamkir city Con.EC # 98 addressed in the aim of taking signature sheets and he was explained that signature sheets might be provided to the persons whose candidacies had been approved or the authorized representative of the party. Later, Con.EC chairperson called authorized representative Tofig Yagublu to take signature sheets and he informed that he would not be able to come and promised to send another authorized representative. But nobody addressed for taking signature sheets until 13 November 2009, 18:00.
At 18:00 on 5 November 2009, Elman Fattah Valodiya, authorized representative of Musavat Party submitted documents on the nomination of 12 persons to the municipality membership to Zagatala Con.EC # 110. 4 persons out of them rejected from the nomination of their candidacies by having applied to the Con.EC, the candidacies of the remaining 8 persons were approved on 9 November and they were provided with signature sheets in relevant number. But signature sheets and the documents attached to them have not been returned to the Con.EC until 13 November 2009, 18.00.
The facts included in the appeals entered the Central Election Commission by Mr. Gulagha Aslanli, authorized representative of Musavat Party on the assumed law violations concerning the nomination, approval and registration of candidates in Municipal Elections appointed to 23 December 2009 did not assert themselves by being fully negated via the evidences achieved through the conducted investigation. The Con.ECs mentioned in the appeals adopted decision by considering the documents of the candidates nominated to the municipality membership by Musavat Party within the period defined by Election Code, in some instances even earlier than the implied period, the nominated and approved candidates were issued signature sheets, in many cases these signature sheets and other necessary documents were not returned to the Con.ECs for the registration of the candidacy in order and period defined by legislation.
Pursuant to Articles 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:

                                                              

Member of Expert Group under                                                                                                                                                       Ramiz Ibrahimov