OPINION
of Mrs. Irade Hajiyeva, Member of Expert Group under Central Election (Referendum) 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 Polad Nabi oghlu Azizov nominated to the membership of Nasimi municipality on Nasimi II Con.EC # 22 related with Municipal Elections appointed to 23 December 2009

Baku city
19 November 2009, at 16.30

On November 16, 2009, Polad Nabi oghlu Azizov nominated on his own initiative to the membership of Nasimi municipality on Nasimi II Con.EC # 22 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by the above-mentioned Con.EC, therefore the candidate asked for taking relevant activities defined by law. 
As the appeal was 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 accepted to investigation.
In the process of investigation, complainer P.N.Azizov was kept contact with and informed on his rights to present additional evidences and participate in the investigation. P.N.Azizov stated that he had not any additional evidence to present except the information included in the complaint.
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 who were invited by us for the investigation of the complaint, 159 out of 198 voters signatures submitted for the registration of Polad Nabi oghlu Azizov were regarded valid. 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. As it is obvious that signatures collected by P.N.Azizov are not sufficient for the registration.
Pursuant to Articles 1112, 112-1, 112-1.5.4 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:
1. The decision of Nasimi II Con.EC # 22 shall be annulled and the candidacy of P.N.Azizov shall be registered on Nasimi municipality.
2. 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 under
Central Election Commission
of the Republic of Azerbaijan                                            Irade Hajiyeva