OPINION
On the appeal submitted by citizen Agayev Cherkez Mustafa, and investigated by Emin Quliyev, 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.
Baku December 19, 2009,
14:20
I, the member of the expert group Emin Quliyev after the investigation of the complaint related to the municipal elections appointed to December 23 and submitted by the citizen Agayev Cherkez Mustafa regarding the candidates to Agjabady municipality of Agjabady ConEC 82 Badalov Habib Vali and Nagiyev Ramil Babir defined following:
As the appeal corresponds to the requirements of Election Code of the Republic of Azerbaijan and 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.
During the investigation it was determined that the relevant constituency election commission made a decision on registration of the candidates to municipality membership on November 2, 2009 and this decision was immediately submitted to the interested persons.
According to Article 112 of Election Code and Provision 1.1 of 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”, complaints may be fled within 3 days of the date the decision violating citizens’ right to vote is published or made, or the date actions (inactions) occurred, or the interested person is informed about it.
However, it is clear that the complaint is submitted after expiration of terms established by legislation.
At the same time, according to Provision 7.1 of the same Instruction, after the registration of a complaint by election commission and its assignment to the expert, the very same expert shall ensure the initial review of the complaint. If the expert realizes that the rules on reception of a complaint specified by the Election Code and Instruction have been violated, in that case, he/she shall make a recommendation about the return of the complaint to the applicant after informing the Coordinator about the matter.
Thus, due to the fact that the appeal on the decision of the constituency election commission was not submitted in periods and in accordance with the rules established by legislation, it shall be returned without investigating.
According to Articles 112, 112-1, 112-1.5.4 and Provision 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 return without investigation the appeal related to municipal elections appointed to December 23 and submitted by the citizen Agayev Cherkez Mustafa to the Central Election Commission due to expiration of terms for its investigation envisaged by law.
- 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.
Member of the expert group
Established within the
Central Election Commission
Of the Republic of Azerbaijan Emin Quliyev |
