OPINION

of Mr. Nizami Nadirov, 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 Namig Gara oghlu Mammadov nominated by Musavat Party related with Municipal Elections appointed to 23 December 2009

On November 24, 2009, Namig Gara oghlu Mammadov nominated by Musavat Party to the membership of Hovsan 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 the above-mentioned Con.EC, 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.
For the investigation of the appeal, Namig Gara oghlu Mammadov, 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 by the Central Election Commission, I investigated fully, comprehensively, fairly and impartially the appeal of Namig Gara oghlu Mammadov, 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 Hovsan municipality on Surakhani I Con.EC # 30 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 of Namig Gara oghlu Mammadov nominated by Musavat Party to the membership of Hovsan municipality is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Namig Gara oghlu Mammadov to the membership of Hovsan municipality 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                                          Nizami Nadirov
27 November 2009