OPINION

of Mr. Tofig Hasanov, 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 by Turabkhan Rafig oghlu Turabkhanli nominated on his own initiative to the membership of Sumgayit municipality on Sumgayit I Con.EC # 41 related with Municipal Elections appointed to 23 December 2009

On November 24, 2009, Turabkhan Rafig oghlu Turabkhanli nominated on his own initiative to the membership of Sumgayit municipality on Sungayit I Con.EC # 41 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. 
For asserting the efficient ensuring of citizens’ election rights at the Commission, for the investigation of the appeal, Turabkhan Rafig oghlu Turabkhanli was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
It was determined at the result of investigation that according to the opinions of the expert of Court Expertise Center of Ministry of Justice of the Republic of Azerbaijan and the specialist of General Passport, Registration and Migration Office of the Ministry of Internal Affairs, 115 out of 200 voters signatures submitted for the registration of Turabkhan Rafig oghlu Turabkhanli were regarded valid.
Pursuant to Article 215.1.1 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 150 voters signatures for the registration in the area the population of which is more than 99.999 persons.
So, as the appeal of Turabkhan Rafig oghlu Turabkhanli is groundless, it shall not be implemented.
By considering the above-mentioned, 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:

Member of Expert Group                                                   Tofig Hasanov
26 November 2009