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

Baku city                                                                                                                                          20 November 2009,  At 15:00

By investigating the appeal # 15/s entered the Central Election Commission on 17 November 2009by Mr. Gulagha Aslanli, authorized representative of Musavat Party in Municipal Elections appointed to 23 December 2009, I, member of Expert Group determined:
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.
In Municipal Elections appointed to 23 December 2009, Mr. Gulagha Aslanli, authorized representative of Musavat Party appealed to the Central Election Commission in written form on 17 November 2009 and informed that Musavat Party submitted election documents required by election legislation for the registration of 6 persons (Yusif Karamali oghlu Gambarov, Nabug Hasan oghlu Ibrahimov, Suleyman Huseyn oghlu Huseynov, Mirashraf Aghadadash oghlu Jafarov, Shirmammad Gazanfar oghlu Abuzarov and Nufud Azizagha oghlu Hasanov) to the membership of Musakucha municipality locating within the territory of Masalli city Con.EC # 70 to the relevant Con.EC on 13 November 2009 and since the next day they had been exposed to oppression by Shamsaddin Teymurov, executive representative of Musakucha village in the aim of withdrawing their candidacy. Meanwhile, by attaching the copies of the applications on the withdrawal of the candidacies of Aydin Hasan oghlu Mammadhuseynov, Akbar Asgar oghlu Javadov and Tariyel Kerim oghlu Mirzayev nominated to Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83 under oppression, the copies of the acts compiled at Aghjabedi Con.EC # 82 by candidates to the municipality membership -  Rashid Michayil oghlu Najafov, Ibrahim Rahim oghlu Hajiyev, Akbar Asgar oghlu Javadov, Javid Ibrahim oghlu Hajibeyli and Rufat Ibrahim oghlu Hajibeyli and the copies of their explanations, the authorized representative asked for investigating the cases included there and legally punishing the persons committing this.
The appeal was investigated by the member of Expert Group under the Central Election Commission 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 relevant opinion was provided on this and it was considered at the session of the Central Election Commission.
In the process of investigation, the authorized representative Mr. Gulagha Aslanli was kept contact with by phone and offered to submit additional evidences related to the cases noted in the appeals and the right to participate in the investigation. Therewith, the complainer was informed on the impossibility of investigating the documents attached to the appeal as they are xerocopies and he was asked to provide the original documents. But G.Aslanli refused to participate in the investigation and give the original documents.
For  sufficient ensurance of citizens’ election right, Central Election Commission attempted to investigate the appeal by the authorized representative within the period defined by law, under fair, full, comprehensive and impartial conditions.
It was determined at the result of the investigation that after nominating 6 candidates (Yusif Keremeli oghlu Gambarov, Nabug Hasan oghlu Ibrahimov, Suleyman Huseyn oghlu Huseynov, Mirashraf Aghadadash oghlu Jafarov, Shirmammad Gazanfar oghlu Abuzarov and Nufud Azizagha oghlu Hasanov) who had been exposed to oppression for refusing from the status of candidate to the membership of Musakucha municipality which locates within the territory of Masalli city Con.EC # 70, their candidacies were approved, they were provided with signature sheets in necessary number and in time. 5 persons out of the mentioned submitted signature sheets and other necessary documents to the Con.EC within the period defined by law and they were registered on 18 November 2009. Only a person from them – Nuhid Azizagha oghlu Hasanov refused from the candidacy status by applying to the Con.EC with an application on 17 November 2009. N.Hasanov was contacted with and he informed that he had refused from the status of candidate orally and in the written comment submitted by him on his own will, he had not been exposed to any oppression related to this.
According to the information entered the Con.EC, the above-mentioned candidates to the municipality membership did not submit any complaint on illegal oppression to the Con.EC.
Therewith, at the result of investigation, the explanation by Shamsaddin Teymurov, executive representative of Musakucha village was received that he did not expose the above-mentioned persons nominated by Musavat Party to oppression in order to withdraw their candidacies.
As the acts and explanations which are supposed to have been compiled on behalf of the candidates attached to the appeal while investigating the issue on Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83 are xerocopies, it was impossible to investigate them sufficiently.
According to the information received from the Con.EC, Rashid Michayil oghlu Najafov, Ibrahim Rahim oghlu Hajiyev, Javid Ibrahim oghlu Hajibeyli and Rufat Ibrahim oghlu Hajibeyli nominated by Musavat Party to the membership of Aghjabedi municipality submitted signature sheets and other election documents for registration to the Con.EC on 13 November 2009, at 18:00, these documents were turned over by the relevant Con.EC to the Working Group for checking. The opinion of the Working Group, dated on 14 November 2009 was put into session of the Con.EC, as the submitted election documents were incompatible with election legislation, the registration of the above-mentioned candidacies was refused and they were relevantly informed on this. Neither written nor oral complaint on this was entered by them to the Central Election Commission or the Con.EC.
As to the issue on 3 persons (Taryel Kerim oghlu Mirzayev, Aydin Hasan oghlu Mammadhuseynov and Akbar Asgar oghlu Javadov) who are assumed to have withdrew their candidacies under oppression, it was determined at the result of investigation that 2 persons out of them (Aydin Hasan oghlu Mammadhuseynov and Akbar Asgar oghlu Javaadov) were not nominated to Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83, at all.
On 13 November 2009, Tariyel Mirzayev who refused from the status of candidate by having applied to Aghjabedi Con.EC # 82 was kept contact with, in the explanation submitted by him and orally he informed that he had written the application on his own will and had not been exposed to any oppression related to this.
The data included in the appeal by the authorized representative of Musavat Party in which law violations were supposed to have been committed related to the registration of the candidates to municipality membership and withdrawal of some of their candidacies in Municipal Elections appointed to 23 December 2009 did not assert themselves after being negated via the obtained information and references.
Pursuant to Articles 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 under                                                                                                                                          Rafig Abbasov