DECISION

of Central Election Commission
of the Republic of Azerbaijan

on the consideration of the appeals # 8, 10, 12, dated on 13 November 2009 by the authorized representative of Musavat Party in Municipal Elections appointed to 23 December 2009

In Municipal Elections appointed to 23 December 2009, the authorized representative of Musavat Party appealed to the Central Election Commission in written form on 13 November 2009 and assumed that Nasimi first Con.EC # 21, Nasimi second Con.EC # 22, Nasimi-Sabail Con.EC # 23, Sumgayit second Con.EC # 42, Lankaran city Con.EC # 73, Lankaran-Masalli Con.EC # 75, Lankaran-Astara Con.EC # 76, Agjabedi Con.EC # 82, Agjabedi-Aghdam Con.EC # 83, Shamkir city Con.EC # 98, Shamkir village Con.EC # 99, Zagatala Con.EC # 110 and the Con.ECs in Nakhchivan Autonomous Republic delayed the approval of the candidates nominated by Musavat Party and issuing signature sheets to them, they were required to submit additional documents except the documents implied for the registration of candidates by legislation and estimating the submitted documents as inaccurate, these cases were committed by local executive authorities, the authorized representative asked for taking relevant activities specified by law.
As the appeals had been legally compiled 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 submitted in the defined period and the essence of the violations claimed in each of three appeals and repetition of the election commissions which the requirement was directed to, they were adopted to investigation by being combined in one execution, the member of Expert Group under the Central Election Commission investigated it, provided relevant opinion on this and it was considered at the session of the Central Election Commission.
In the process of investigation, the authorized representative Mr. Gulagha Aslanli was kept contact with by phone, was informed on his right to participate in the investigation, he was invited to provide assistance to the investigation and offered to submit additional evidences related to the cases noted in the appeals which was not attached any prove.
The authorized representative noted that he had not any additional fact and evidence to present except the information included in the appeal, he had obtained all the information by phone, he had not got any written document and he stated that in general, there was no need to re-verify the facts included in the appeals, therewith he refused to take part in the investigation.
Concerning the investigated appeals, the Con.ECs in Nakhchivan Autonomous Republic – Sharur-Sadarak Con.EC # 1, Sharur Con.EC # 2, Babek-Kangarli-Nakhchivan Con.EC # 3, Nakhchivan Con.EC # 4, Shahbuz-Babek Con.EC # 5, Julfa-Babek Con.EC # 6, Ordubad-Julfa Con.EC # 7 and Nasimi first Con.EC # 21, Nasimi second Con.EC # 22, Nasimi-Sabail Con.EC # 23, Sumagyit second Con.EC # 42, Lankaran city Con.EC # 73, Lankaran-Masalli Con.EC # 75, Lankaran-Astara Con.EC # 76, Agjabedi Con.EC # 82, Aghjabedi-Aghdam Con.EC # 83, Shamkir city Con.EC # 98, Shamkir village Con.EC # 99, Zagatala Con.EC # 110 submitted written information, comments, references and the alike evidences from the related subjects. The achieved facts and evidences prove that the cases included in the appeals by the authorized representative do not reflect the facts indicated in the appeals objectively and they are contrary to the reality.
The followings were determined through the achieved evidences at the result of investigation:
Generally, not any candidate was nominated to the municipality membership by Musavat Party on Sharur-Sadarak Con.EC # 1 where a number of law violations were assumed to have been committed against them during the nomination and registration of candidates. Therefore, the essence of he authorized representative’s complaint on this constituency is not known.
As to Sharur Con.EC # 2, on 10.11.2009, decision on the nomination of 26 persons to the municipality membership on this Con.EC was submitted to  by Musavat Party. While conducting investigation in the constituency it was determined that previously being nominated by the New Azerbaijan Party Mansum Vali oghlu Hasanov from these persons was registered on 5.11.2009 and as to his confession, he has not any information on his nomination by Musavat Party. The other 4 persons who function as commission members representing Azerbaijan Hope Party at the Precinct Election Commissions which covers the constituency were also unaware of their nomination by Musavat Party, by applying to the Con.EC with an application, they objected to their nomination, expressed their will to continue their activity as commission membersat the PEC. Candidacy of a person, Fakhri Ahmad oghlu Abbasov was nominated on 2 municipalities, meanwhile his spouse is the member of the PEC which covers the municipality which he has been nominated to. Though the names of 6 persons out of the nominated candidates have been included in the list, their documents were not submitted to the Con.EC, by considering the nomination of the remaining 12 persons legitimate, they were provided with signature sheets, but signature sheets were not returned to the Con.EC.
On 9 November 2009, 4 persons were nominated by Musavat Party to Babek-Kangarli-Nakhchivan Con.EC # 3, by approving their candidacies they were provided with signature sheets in relevant number. On 12 November 2009, signature sheets and the documents attached to them were received by the commission in time and without any obstacle. It is evident that there was not any problem with candidate nomination and registration. Therefore, the essence of he authorized representative’s complaint on this constituency is not known.
The appeal entered Nakhchivan city Con.EC # 4 on the nomination of a person to the municipality membership by Musavat Party, his/her candidacy was approved and signature sheets were provided in relevant number, but signature sheets and the documents to be attached to them were not returned to the Con.EC.
The candidacies of the persons nominated to the membership of Nursu, Garabala, Kulus, Kechili, Shahbuzkand municipalities which cover Shahbuz-Babek Con.EC # 5 by Musavat Party were approved by the Con.EC and they were provided with signature sheets in relevant number, but these signature sheets were not returned.
Though the appeal contains that the documents of the candidates nominated to the municipality membership on Julfa-Babek Con.EC # 6 by Musavat Party were submitted by the authorized representative, as it is asserted that receiving these documents was refused by assuming that this should have been done by the Con.EC, local organization of the party, this case was determined to be contrary to reality at the result of the investigation. So, On 9 November 2009, Gasim Salman oghlu Gasimbeyli, chairman of Julfa region organization of Musavat Party submitted session minute of Divan of Musavat Party, dated on 26 October 2009 and notifications on candidate nomination which do not contain the surname, name, patronymic and signature of the authorized representative of the party to Julfa-Babek Con.EC # 6. Decision of Divan of Musavat Party include the nomination of candidates to the membership municipalities on Julfa region that were indicated in Appendix # 1 made to the session minute, but the list of the nominated citizens were not indicated in this decision and Appendix # 1 was not submitted to the Con.EC. Gasim Salman oghlu Gasimbeyli, chairman of Julfa region organization of Musavat Party who submitted the documents and had not the status of authorized representative was informed on the shortcomings, he was facilitated by the commission to prevent them, but afterwards not any document was submitted to the Con.EC. 3 persons from the members of Musavat Party nominated their candidacies to Julfa and Arafsa municipalities on their own initiatives and their candidacies have been registered.
Ordubad-Julfa Con.EC # 7 did not receive any appeal on the candidate nomination and registration related to Municipal Elections by Musavat Party. Therefore, the essence of he authorized representative’s complaint on this constituency is not known.
Preliminary documents submitted to Nasimi first Con.EC # 21 by Musavat Party in Municipal Elections were received on 5 November 2009. The submitted documents did not contain the list of the authorized representatives to be attached to them, though the party nominated candidates to the municipality membership by decision, the names of these persons were not indicated in the decision. The authorized representative was informed on the shortcomings and facilitated by the commission to prevent them. After the elimination of the mentioned shortcomings, the nominated candidates were provided with signature sheets on 9 November 2009 by abiding the deadline implied by law, but the documents needed for the registration of candidates were not returned to the Con.EC.
Musavat Party nominated 9 persons to the municipality membership on Nasimi second Con.EC # 22, they were approved. 8 persons out of them were provided with signature sheets in time and in relevant number, a person from them refused from taking signature sheet. No one of the candidates returned signature sheets within the period implied by law.
Musavat Party nominated 4 persons to the municipality membership on Nasimi-Sabail Con.EC # 23 on 7 November 2009, on November 9 their candidacies were approved and signature sheets were issued in time and in relevant number, but signature sheets and other documents have not been returned to the Con.EC.
When nominating a person called Fakhraddin Abbas to the municipality membership from Sumgayit second Con.EC # 42 by Musavat Party, the documents did not meet requirements of law. After ensuring the elimination of the irregularities by the commission, these documents were received by the Con.EC on 7 November 2009. The candidate whose nomination has not been approved required immediately to issue signature sheets. Though the requirements of Article 54.9 of Election Code of the Republic of Azerbaijan was driven to his attention (the Con.EC shall consider the submitted documents within 5 days and adopt grounded decision on the approval or refusal from the approval of the candidate nominated on the relevant Con.EC), he valued the behavior of the commission as impartial. On 9 November 2009 – within the defined period, the Con.EC approved his candidacy and he was issued signature sheets.
On 7 November 2009, documents on the candidacies of 4 persons to the municipality membership by Musavat Party on Lankaran city Con.EC # 73 were submitted, the candidacies of these persons were approved on 11 November – within 5 days implied by legislation and they were issued signature sheets in time and in relevant number. As not any problem was caused on this, the essence of the complaint is not known.
On November 7, 2009, the documents on the nomination of 6 persons to 5 municipalities were submitted to Lankaran-Masalli Con.EC # 75 by Yadigar Sadig oghlu Sadigov, chairman of Lankaran region organization of Musavat Party who has not got the status of authorized representative in Municipal Elections. Pursuant to Election Code, he was explained on the law requirement that he had not authority to this. By decision of Divan of Musavat Party dated on 9 November 2009, Yadigar Sadig oghlu Sadigov was appointed authorized representative in Municipal Elections, this decision was submitted to the Con.EC on 11 November 2009 and by considering them immediately, relevant decisions were adopted. Consequently,  the applications on rejecting the nomination of 2 candidates to the municipality membership were considered, the nomination of 4 persons were approved and they were issued signature sheets in time and in relevant number.
Musavat Party submitted documents on the nomination of 4 persons to the municipality membership to Lankaran-Astara Con.EC# 76 on 7 November, by conducting investigation within 5 days pursuant to Article 54.9 of Election Code of the Republic of Azerbaijan, on 11 November their candidacies were approved and the authorized representative was issued signature sheets. As not any written or oral complaint entered concerning irregularity of the process, the essence of he authorized representative’s complaint is not known.
On November 11, 2009 at 15:30 – 2 days prior to the reception of the documents for the registration, the documents on the nomination of 6 persons were submitted to Aghjabedi Con.EC # 82 by Tapdig Alikishi oghlu Abbas, authorized representative of Musavat Party. The candidacies of these persons were approved at the session conducted on 12 November at 16:00. Due to the absence of the authorized representative, Rashid Najafov and Ibrahim Hajiyev whose candidacies had been approved at 17:10 were submitted signature sheets.
On 11 November 2009, at 17:15, the authorized representative of Musavat Party Abbas Tapdig submitted the document on the nomination of a person to the municipality membership to Aghjabedi-Aghdam Con.EC # 83 and within shortest period, i.e. the next day the candidacy of this person was approved and signature sheets were immediately provided. As not any written or oral complaint entered concerning irregularity of the process, the essence of he authorized representative’s complaint is not known.
The candidacy of Fikret Mustafa oghlu Jafarli nominated to the membership of Shamkir municipality by Musavat Party was approved by decision of Shamkir city Con.EC # 98 and he was provided with signature sheets in necessary number in support of the candidacy. Signature sheets for the candidate registration and the documents attached to them were submitted to the Con.EC on 12 November 2009 and they were received without any obstacle.
On 7 November 2009, Musavat Party submitted documents on the nomination of 10 persons to the municipality membership to Shamkir village Con.EC # 99. in three days - on 10 November 2009, the candidacies of these persons were approved. On the same day, a person called Fikret Jafarli nominated to the municipality membership on another constituency, i.e. Shamkir city Con.EC # 98 addressed to the commission in the aim of taking signature sheets and after explaining him the law requirements (signature sheets may be issued to the persons whose candidacies have been approved or to the authorized representative of the party), Con.EC chairperson called authorized representative Tofig Yagublu to take signature sheets and he informed that he would not be able to come and promised to send another authorized representative. But nobody addressed for taking signature sheets until 13 November 2009, 18:00 – within the period defined for the registration.
At 18:00 on 5 November 2009, Elman Fattah Valodiya, authorized representative of Musavat Party submitted documents on the nomination of 12 persons to the municipality membership to Zagatala Con.EC # 110. the documents were considered within the period and in manner specified by law. 4 persons out of them rejected from the nomination of their candidacies by having applied to the Con.EC, the candidacies of the remaining 8 persons were approved on 9 November and they were provided with signature sheets in relevant number. But signature sheets and the documents attached to them have not been returned to the Con.EC until 13 November 2009, 18.00.
So, the facts included in the appeals entered the Central Election Commission by Mr. Gulagha Aslanli, authorized representative of Musavat Party on the assumed law violations concerning the nomination, approval and registration of candidates in Municipal Elections appointed to 23 December 2009 did not assert themselves by being fully negated via the evidences achieved through the conducted investigation. The Con.ECs mentioned in the appeals adopted decision by considering the documents of the candidates nominated to the municipality membership by Musavat Party within the period defined by Election Code, in some instances even earlier than the implied period, the nominated and approved candidates were issued signature sheets in relevant number, in many cases these signature sheets and other necessary documents were not returned to the Con.ECs for the registration of the candidacy in order and period defined by legislation. These election commissions did not receive any written or oral complaint related to these cases.
Thus, according to the above-mentioned, as the application of the authorized representative 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” the Central Election Commission shall decide:      

CEC Chairman                                                                                      Mazahir Panahov

CEC Deputy Chairman                                                                        Svetlana Gasimova

CEC Secretary                                                                                        Natig Mammadov

CEC Commissioners:     

Fuad Javadov

Ramiz Ibrahimov

 Valida Kazimova

Gabil Orujov

Tofig Hasanov

Ilham Mammadov

Nizami Nadirov

Azer Taghiyev

Tamam Jafarova

Rovshan Ismayilov

Oktay Humbatli