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

Baku city                                                                                                                                                        14 November 2009, at 17.45

Mr. Gulagha Aslanli, authorized representative of Musavat Party which nominated candidates to municipality membership in relation with Municipal Elections appointed to 23 December 2009, appealed to the Central Election Commission of the Republic of Azerbaijan in written form on 13 November 2009 and informed that the candidates to the municipality membership in Neftchala, Salyan and Zagatala regions were required reference on the income from the known lands to no purpose and false obstacles were formed during receiving the documents. Therewith the appeal contains that Badruddin Shabanovich Varshayev nominated to the membership of Saribulag municipality in Balakan region was called to the police department and exposed to oppression by an inspector called Gamet.
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. In the process of investigation, the authorized representative Mr. Gulagha Aslanli was kept contact with and informed on his rights to present additional evidences and participate in the investigation. G.Aslanli stated that he had not any additional evidence to present except the information included in the complaint.
I conducted investigation on the received complaint. At the result of the investigation it became clear that the candidacies of 4 candidates nominated by Musavat Party on Salyan Con.EC # 59 were approved, three of them, the candidacies of 4 candidates nominated by Musavat Party on Salyan-Neftchala Con.EC # 60 were approved, three of them, the candidacies of 12 candidates nominated by Musavat Party on Neftchala Con.EC # 61 were approved, all of these persons, the candidacies of 6 candidates nominated by Musavat Party on Balaken Con.EC # 109 were approved and all of them submitted signature sheets and the documents attached to them to the relevant Con.ECs. The candidacies of 9 candidates nominated by Musavat Party on Zagatala Con.EC # 110 were approved and 4 persons of them refused from the participation in elections, 2 out of the remaining 5 persons submitted signature sheets to the Con.EC later than the defined period, i.e. on 14 November and other persons have not submitted signature sheets and the documents to be attached to them to the relevant Con.EC up to present.
At the result of investigation it became clear that the letters entered by Salyan Con.EC #  59, Salyan-Neftchala Con.EC # 60, Neftchala Con.EC # 61, Balaken Con.EC # 109 and Zagatala Con.EC # 110, dated on 14 November 2009 point out that the candidates nominated to the municipalities by Musavat Party were not hampered and not required other documents except the ones defined by Instruction “on the rules for collecting voters’ signatures in support of the candidate to municipality membership and submitting signature sheets, the documents to be attached to them to the Constituency Election Commission in Municipal Elections” and any reference on the income got from the known lands.
The letter # 77 by Balaken Con.EC # 77, dated on 14 November 2009 and the explanation of Mr. Ganaet Ibrahimov, chair of Public Security Sector at Balaken region police department show that Badruddin Varshayev, candidate to the membership of Saribulag municipality was not exposed to any oppression and submitted signature sheets and other documents to the Con.EC on 13 November 2009.
Pursuant to Articles 1112, 112-1, 112-1.5.4 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
Central Election Commission
of the Republic of Azerbaijan                                                                                                                                                              Tofig Hasanov