OPINION

of Mr. Tofig Hasanov, 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 23 November 2009 by Anvar Aghazade, authorized representative of Hope Party related with Municipal Elections appointed to 23 December 2009

On November 18, 2009, Anvar Aghazade, authorized representative of Azerbaijan Hope Party that nominated candidates to the municipality membership related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that the candidacy of Kamran Astan oghlu Tamrazov nominated by this party to the membership of Garachukhur municipality on Surakhani II Con.EC # 31 was illegally refused by the above-mentioned Con.EC, and 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.
In the process of investigation, authorized representative Anvar Aghazade was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
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 of Kamran Astan oghlu Tamrazov shall be annulled and the candidacy on the membership of Garachukhur municipality in Surakhani district shall be registered.
Taking the above mentioned as a basis, pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to conclusion:

1. As the appeal dated on 18 November 2009 of the authorized representative of Hope Party is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Kamran Astan oghlu Tamrazov to the membership of Garachukhur municipality in Surakhani district shall be registered.
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                                          Tofig Hasanov
26 November 2009