DECISION

of Central Election Commission
of the Republic of Azerbaijan

on the consideration of the appeal # 15 dated on 17 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 17 November 2009 and informed that Musavat Party submitted election documents required by election legislation for the registration of 6 persons (Yusif Karamali oghlu Gambarov, Nabug Hasan oghlu Ibrahimov, Suleyman Huseyn oghlu HUseynov, Mirashraf Aghadadash oghlu Jafarov, Shirmammad Gazanfar oghlu Abuzarov and Nufud Azizagha oghlu Hasanov) to the membership of Musakucha municipality locating within the territory of Masalli city Con.EC # 70 to the relevant Con.EC on 13 November 2009 and since the next day they had been exposed to oppression by Shamsaddin Teymurov, executive representative of Musakucha village in the aim of withdrawing their candidacy. Meanwhile, by attaching the applications on the withdrawal of the candidacies of Aydin Hasan oghlu Mammadhuseynov, Akbar Asgar oghlu Javadov and Tariyel Kerim oghlu Mirzayev nominated to Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83 under oppression, the copies of the acts compiled at Aghjabedi Con.EC # 82 by candidates to the municipality membership -  Rashid Michayil oghlu Najafov, Ibrahim Rahim oghlu Hajiyev, Akbar Asgar oghlu Javadov, Javid Ibrahim oghlu Hajibeyli and Rufat Ibrahim oghlu Hajibeyli and the copies of their explanations, the authorized representative asked for investigating the cases included there and legally punishing the persons committing this.
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.
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. As the documents attached to the appeal was xerocopies, the complainer was explained on the impossibility of investigating them, therefore he was asked to provide the original of these documents. But G.Aslanli refused from participating in the investigation and issuing the original documents.
Notwithstanding, by taking sufficient ensurance of citizens’ election right as a basis, Central Election Commission attempted to investigate the appeal by the authorized representative within the period defined by law, under fair, full, comprehensive and impartial conditions.
It was determined at the result of the investigation that after nominating 6 candidates (Yusif Keremeli oghlu Gambarov, Nabug Hasan oghlu Ibrahimov, Suleyman Huseyn oghlu Huseynov, Mirashraf Aghadadash oghlu Jafarov, Shirmammad Gazanfar oghlu Abuzarov and Nufud Azizagha oghlu Hasanov) who had been exposed to oppression for refusing from the status of candidate to the membership of Musakucha municipality which locates within the territory of Masalli city Con.EC # 70, their candidacies were approved, they were provided with signature sheets in necessary number and in time. 5 persons out of the mentioned submitted signature sheets and other necessary documents to the Con.EC within the period defined by law and they were registered on 18 November 2009. Only a person from them – Nuhid Azizagha oghlu Hasanov refused from the candidacy status by applying to the Con.EC with an application on 17 November 2009. N.Hasanov was contacted with and he informed that he had refused from the status of candidate in the written comment submitted by him on his own will, he had not been exposed to any oppression related to this.
According to the information entered the Con.EC, the above-mentioned candidates to the municipality membership did not submit any complaint on illegal oppression to the Con.EC.
Therewith, at the result of investigation the explanation by Shamsaddin Teymurov, executive representative of Musakucha village was received that he did not expose the above-mentioned persons nominated by Musavat Party to oppression in order to withdraw their candidacies.
As the acts and explanations which are supposed to have been compiled on behalf of the candidates attached to the appeal while investigating the issue on Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83 are xerocopies, it was impossible to investigate them sufficiently.
According to the information received from the Con.EC, Rashid Michayil oghlu Najafov, Ibrahim Rahim oghlu Hajiyev, Javid Ibrahim oghlu Hajibeyli and Rufat Ibrahim oghlu Hajibeyli nominated by Musavat Party to the membership of Aghjabedi municipality submitted signature sheets nd other election documents for registration to the Con.EC on 13 November 2009, at 18:00, these documents were turned over by the relevant Con.EC to the Working Group for checking. The opinion of the Working Group, dated on 14 November 2009 was put into session of the Con.EC, as the submitted election documents were incompatible with election legislation, the registration of the above-mentioned candidacies was refused and they were relevantly informed on this. Neither written not oral complaint on this was entered by them to the Central Election Commission or the Con.EC.
As to the issue on 3 persons (Taryel Kerim oghlu Mirzayev, Aydin Hasan oghlu Mammadhuseynov and Akbar Asgar oghlu Javadov) who are assumed to have withdrew their candidacies under oppression, it was determined at the result of investigation that 2 persons out of them (Aydin Hasan oghlu Mammadhuseynov and Akbar Asgar oghlu Javaadov) were not nominated to Aghjabedi Con.EC # 82 and Aghjabedi-Aghdam Con.EC # 83, at all.
On 13 November 2009, Tariyel Mirzayev who refused from the status of candidate by having applied to Aghjabedi Con.EC # 82 was kept contact with, in the explanation submitted by him he informed that he had written the application on his own will and had not been exposed to any oppression related to this.
Not any evidence was submitted by the authorized representative to verify the cases included in the appeal.
The achieved evidences clearly point out that the application of the authorized representative is groundless and 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