OPINION

of Mr. Gabil Orujov, 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, dated on 24 November 2009 by the authorized representative of Hope Party related with Municipal Elections appointed to 23 December 2009

On November 21, 2009, authorized representative of Azerbaijan Hope 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 Nazim Nizami oghlu Abbasov and Gafar Mahyaddin oghlu Mahmudov nominated by this party to the membership of Sumgayit municipality on Sumgayit II Con.EC # 42 were illegally refused by the above-mentioned Con.EC to be registered, therefore the authorized representative asked for taking relevant activities defined by law. 
As the appeal 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, it was adopted to investigation.
The authorized representative of Hope Party was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
For asserting the efficient ensuring of citizens’ election rights at the Commission, I investigated fully, comprehensively, fairly and impartially the appeal of Ahliman Alif oghlu Kerimov, candidate to the municipality membership within the period defined by law.
In the process of investigation, 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, 188 out of 200 voters signatures submitted for the registration of Nazim Nizami oghlu Abbasov and 124 voters signatures out of 175 submitted for the registration of Gafar Mahyaddin oghlu Mahmudov 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, the appeal shall be regarded partly grounded, the Con.EC decision in the part on the refusal from the registration of Nazim Nizami oghlu Abbasov shall be annulled, his registration shall be registered and in the part on Gafar Mahyaddin oghlu Mahmudov shall be preserved without being amended.
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                                                   Gabil Orujov
25 November 2009