OPINION

of Mrs. Valida Kazimova, 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 appeal# 21, dated on 18 November 2009 by citizen Murad Gasim oghlu Muradov related with Municipal Elections appointed to 23 December 2009

Baku city                                                                     24 November 2009, At 15.00

On November 18, 2009, Murad Gasim oghlu Muradov, inhabitant of Potu village in Goychay regionnominated to the municipality membership 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 Goychay Con.EC # 88, therefore the candidate asked for taking relevant activities defined by law. 
I, member of Expert Group, Valida Kazimova defined and investigated the appeal # 21 entered the Central Election Commission on 18 November 2009 by citizen Tahir Ahad oghlu Poladov, candidate to the membership of Mashtagha municipality:
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.
As 3-days period defined by legislation is not sufficient for the investigation of the issues supposed in the appeals to have been offended and putting in session by adopting relevant opinion, I applied to Central Election Commission of the Republic of Azerbaijan on extending the indicated period for conducting additional investigation and by the relevant decision of the Commission, this period was extended for 3 more days.
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”, the appeal was investigated by me as a member of Expert Group under Central Election Commission of the Republic of Azerbaijan.
In the process of investigation, complainer was directly talked to and offered to present additional evidences concerning the cases indicated in the appeal, but not any additional evidence was submitted by him. Meanwhile, he was informed on his right participate in the investigation.
For asserting the efficient ensuring of citizens’ election rights, Central Election Commission attempted to investigate fully, comprehensively, fairly and impartially the appeal of citizen Murad Gasim oghlu Muradov within the period defined by law.
During the investigation, oral and written information, comments, references of E.Hamidov, Chairman of Goychay Con.EC # 88, E.Babayev,, executive representative of Potu village, V.Babayev, chair of Communal Utility in Goychay city and other related persons and the alike necessary evidences were obtained.
In his written information, Eldaniz Hamidov, Chairman of Goychay Con.EC # 88 indicated that neither he, nor other commission members pressed down on any inhabitant of the village who signed for Murad Muradov or other candidates nominated to the membership of Potu village municipality. The Con.EC did not receive oral or written information on this.
Furthermore, according to the information provided by Eldaniz Hamidov, Chairman of the Con.EC, the name of Murad Gasim oghlu Muradov was not included in the voters list of Goychay Con.,EC # 88. Because, Goychay city where he lives practically, locates within the territory of Goychay-Aghdash Con.EC # 89.
It became clear from the reference # 716, dated on 16 October 2009 submitted to the Con.EC by Eldar Babayev, Potu village executive representative that the registration of Murad Gasim oghlu Muradov is on Potu village, but he has not got any residence in the village.
As to the reference # 240, dated on 23 November 2009 submitted by A.Seyidov, Chairman of Potu municipality, the land spot in Potu village which belongs to citizen M.Muradov was sold by him in October of 2009.
According to the written information # 73, dated on 20 November 2009 of Vagif Babayev, chair of Goychay city Communal Utility Sector, in fact, M.Muradov lives Goychay city, M.Huseynzade str. building 31a, home 60 which belongs to him basing on the right of property.
Pursuant to Article 2 of Law of the Republic of Azerbaijan “on the registration on the residences and place of settlement:” and on the contract of rent and lease like an owner with the person with the ability of activity in full capacity, or on the bases implied by the legislation of the Republic of Azerbaijan, the apartment, house permanently settled or longer lived, service residences, hostels, homes of the old and disabled and the alike places are meant.
Article 212 of Election Code of the Republic of Azerbaijan refers that citizens of the Republic of Azerbaijan who aged 21 (including Election Day), who are upper than 21 and who permanently live in the relevant constituency may be elected member to the municipalities.
The law violations supposed in the appeal of citizen M.Muradov were negated via the evidences obtained at the result of investigation and they did not assert themselves.
Taking the above mentioned as a basis, pursuant to Articles 19.4, 28.2, 112, 112-1 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:

Member of Expert Group                                          Valida Kazimova