SAMADBAYLI AND OTHERS v. AZERBAIJAN JUDGMENT
3
no. 42345/11) ‒ on 29 November 2010 the Constitutional Court confirmed
the countrywide election results, including the election results in the
applicants’ constituencies, as final (ibid., § 30).
B. Court proceedings and seizure of the applicants’ case files
11. At the material time Mr Intigam Aliyev was representing not only
the applicants in the present cases, but a total of twenty-seven other
applicants in cases concerning the 2010 parliamentary elections and a
number of applicants in other cases before the Court.
12. On 8 August 2014 criminal proceedings were instituted against
Mr I. Aliyev, these being the subject of a separate application brought by
him before the Court (application no. 68762/14). On 8 and 9 August 2014
the investigation authorities seized a large number of documents from
Mr I. Aliyev’s office, including all the case files relating to the proceedings
pending before the Court which were in Mr Aliyev’s possession, comprising
over 100 applications in total. The files relating to the present applications
were also seized in their entirety. The facts relating to the seizure and the
relevant proceedings are described in more detail in Annagi Hajibeyli
v. Azerbaijan (no. 2204/11, §§ 21-28, 22 October 2015).
13. On 25 October 2014 the investigation authorities returned a number
of the case files concerning the applications lodged before the Court,
including the files relating to the present applications, to Mr Aliyev’s
lawyer.
II. RELEVANT
DOMESTIC
DOCUMENTS
LAW
AND
INTERNATIONAL
14. The relevant domestic law and international documents concerning
inter alia the system of electoral commissions and procedures for
examination of electoral disputes, as well as observations made during the
2010 parliamentary elections in Azerbaijan, are summarised in Gahramanli
and Others (cited above, §§ 33-50).
THE LAW
I. JOINDER OF THE APPLICATIONS
15. The Court considers that, in accordance with Rule 42 § 1 of the
Rules of Court, the applications should be joined, given their similar factual
and legal background.