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 #51, dated on 24 November 2009 by Rahib Eldar oghlu Miralamov nominated by Musavat Party related with Municipal Elections appointed to 23 December 2009

On November 24, 2009, Rahib Eldar oghlu Miralamov nominated by Musavat Party to the membership of Garachukhur municipality on Surakhani I Con.EC # 30 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 Surakhani I Con.EC # 30, he asked for taking relevant activities defined by law. 
As the appeal was legally compiled pursuant to Articles 112, 112-1 of 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, Rahib Eldar oghlu Miralamov, candidate to the municipality membership 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, Central Election Commission fully, impartially, comprehensively and objectively investigated the appeal of Rahib Eldar oghlu Miralamov, candidate to the municipality membership within the period defined by law.
At the result of investigation, as the appeal was determined to be grounded, it shall be implemented, the Con.EC decision on the refusal from registration shall be annulled and the candidacy on the membership of the relevant municipality shall be registered.
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:

1. As the appeal, dated on 24 November 2009 of Rahib Eldar oghlu Miralamov nominated by Musavat Party to the municipality membership is grounded, it shall be implemented and the relevant decision of Surakhani I Con.EC # 30 shall be annulled.
2. The candidacy of Rahib Eldar oghlu Miralamov to the municipality membership shall be registered.
3. 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                                          Gabil Orujov
26 November 2009