OPINION
of Mrs. Valida Kazimova, Member of Expert Group under Central Election (Referendum) 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 appeal by V.Abbasova, authorized representative of Musavat Party related with Municipal Elections appointed to 23 December 2009
On November 21, 2009, authorized representative of Musavat Party which nominated candidates to municipality membership related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that Musavat Party nominated Rasim Valeh oghlu Ilyasov to Sumgayit I Con.EC # 41, Vahid Bayram oghlu Shamiyev, Vidadi Gabil oghlu Feyziyev, Abbas Fakhraddin Hamid oghlu to Sumgayit II Con.EC # 42, Ruslan Ramil oghlu Fatullayev, Server Huseyn oghlu Baghirov and Behruz Sabir oghlu Asadbayli to Sumgayit III Con.EC # 43, but their candidacies were refused to be registered by the above-mentioned Con.EC, therefore the authorized representative asked for taking relevant activities defined by law.
As the appeal was 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, it was accepted to investigation.
For asserting the efficient ensuring of citizens’ election rights at the Commission, the authorized representative was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
At the result of investigation it was determined that though the candidacy of Abbas Fakhraddin Hamid oghlu which was claimed to have been refused from registration, was registered, the authorized representative indicated his name in the list of the persons who have been refused to be registered in his complaint sent to the Central Election Commission.
At the same time, it was determined that as while checking the voters signatures, the signatures of a part of the voters to vote to the same municipality were collected within the borders of another constituency locating in the same municipality and the Constituency Election Commissions did not properly meet the requirements of Article 215 of Election Code of the Republic of Azerbaijan, they were regarded invalid. Consequently, the number of valid signatures necessary for the registration was reduced. When Central Election Commission conducted checking, this irregularity was eliminated and the bases were formed for the registration of the candidates talked about.
Pursuant to Articles 1112, 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. The appeal # 29 of the authorized representative of Musavat Party, dated on 21 November 2009 shall be partly implemented.
- Excluding Fakhraddin Hamid oghlu Abbas who has been registered by the relevant Con.EC, the candidacies of the candidates to Sumgayit municipality who have been indicated in the descriptional part of the decision shall be registered.
2. 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 Valida Kazimova
26 November 2009 |
