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 appeal # 23, dated on 18 November 2009 by Taleh Aliyev, authorized representative of Hope Party  related with Municipal Elections appointed to 23 December 2009

Baku city                                                           21 November 2009, At 15.00

In Municipal Elections appointed to 23 December 2009, the authorized representative of Hope Party appealed to the Central Election Commission in written form on 18 November 2009 and informed that the registration of the candidacy of Ferman Yunis oghlu Badalov nominated by Hope Party to the membership of Garachukhur municipality on Surakhani second Con.EC # 31 was refused without any ground and the authorized representative asked for taking relevant measures on this.
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, the appeal was investigated by me as a member of Expert Group under Central Election Commission of the Republic of Azerbaijan and it was determined that the Con.EC decision on the refusal from registering Ferman Yunis oghlu Badalov, candidate to the municipality membership was adopted by violating Article 60.1 of Election Code of the Republic of Azerbaijan and conducting investigation on the documents submitted by another person.
Therefore, the relevant decision of Surakhani second Con.EC # 31 shall be annulled, the issue on the registration of the candidates shall be re-considered and the relevant Con.EC shall be tasked with adopting grounded decision on separately each of candidates.
Taking the above mentioned as a basis, pursuant to Articles 19.4, 28.2, 60.1, 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:

Member of Expert Group                                          Rafig Abbasov