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 # 31 entered the Central Election Commission by Shahnaz Amiraslan gizi Alasgarova, candidate to the membership of Narimanov municipality who lives in Baku city, Mohsun Senani str. 23, apartment 3 on 21 November 2009
Baku city 24 November 2009, At 15:00
In Municipal Elections appointed to 23 December 2009, Shahnaz Amiraslan gizi Alasgarova nominated on her own initiative appealed to the Central Election Commission in written form on 21 November 2009 and informed that the registration of her candidacy was illegally refused by Narimanov II Con.EC # 20 and she asked for taking relevant measures on this.
I, member of Expert Group investigated the appeal # 31 of Shahnaz Amiraslan gizi Alasgarova, candidate to the membership of Narimanov municipality, entered the Central Election Commission on 21 November 2009 and 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.
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.
By asserting the sufficient ensuring citizens’ election rights, the Central Election Commission fully, broadly, objectively and impartially investigated the appeal of the candidate to the municipality membership within the period defined by law.
In the process of investigation, Sh.A.Alasgarova was kept contact, was informed on her right to introduce additional evidences and to participate in the investigation.
It was determined at the result of investigation that in total, 129 out of 200 voters’ signatures were regarded valid according to the opinions of the expert of Court Expertise Center of Ministry of Justice of the Republic of Azerbaijan and the specialist of General Passport, Registration and Migration Office of the Ministry of Internal Affairs.
Pursuant to Article 215.1.1 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 150 voters’ signatures for the registration in the area the population of which is more than 99.999 persons.
Thus, as the appeal of Shahnaz Amiraslan gizi Alasgarova, candidate to the municipality membership is groundless, it shall not be implemented.
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:
- The appeal # 31 of citizen Shahnaz Amiraslan gizi Alasgarova entered the CEC, dated on 21 November 2009 shall not be implemented due to the groundlessness.
- The opinion shall be published within 24 hours since its adoption and its copy shall be sent to the citizen.
Member of Expert Group Rafig Abbasov |