OPINION
On the appeal submitted by the authorized representative of Modern Musavat Party Farkhad Aliyev and investigated by Nizami Nadirov, member of the Expert Group established within the Central Election Commission of the Republic of Azerbaijan with the aim of investigation of complaints on actions (inactions) and decisions violating citizens’ suffrage and related to the municipal elections appointed to December 23, 2009
On November 24, 2009, the authorized representative of Modern Musavat Party applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal regarding the candidates nominated on behalf of the party to the membership in Sabunchu municipality of Sabunchu II ConEC # 27 Alekberov Maharram Ibrahim and in Narimanov municipality of Narimanov I ConEC # 19 Mardanov Jahangir Molla. The appeal stated that the ConECs mentioned above illegally refused to register them as a candidate and requested to undertake appropriate measures defined by law.
As the appeal was compiled in accordance with Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, it was accepted for investigation.
At the process of investigation, the authorized representative Farkhad Aliyev was contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation.
As a result of investigation and based on the opinions submitted by the Institute of Court Expertise of the Ministry of Justice of the Republic of Azerbaijan and opinion of the specialists of the Passport, Registration and Migration department of the Ministry of Internal Affairs of the Republic of Azerbaijan, it was determined that the appeal of Alekberov Maharram Ibrahim and Mardanov Jahangir Molla is grounded, it should be satisfied, the decision of the constituency election commission on refusal of registration of candidates to the municipality membership should be cancelled, and the candidates should be registered for the membership in appropriate municipalities.
Based on the statements mentioned above and in accordance with Articles 19.4, 28.2, 112 and 112-1 of Election Code of the Republic of Azerbaijan and provisions 1,2,4,6, and 7 of the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to opinion:
- To satisfy the appeal submitted on November 24, 2009 by the authorized representative of Modern Musavat Party due to the fact that the appeal is grounded and to cancel the appropriate decision of the constituency election commission;
- To register the mentioned persons as candidates to appropriate municipalities.
- The opinion shall be published within 24 hours from the moment of its adoption (on the web site of Central Election Commission) and a copy should be sent to the applicant.
Expert group member Nizami Nadirov
November 26, 2009
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