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SAMADBAYLI AND OTHERS v. AZERBAIJAN JUDGMENT
II. THE GOVERNMENT’S REQUEST FOR APPLICATIONS
Nos. 36821/11, 37656/11, 37661/11, 37740/11, 37866/11, 38636/11
AND 38885/11 TO BE STRUCK OUT UNDER ARTICLE 37 OF THE
CONVENTION
16. The Government submitted unilateral declarations with a view to
resolving the issues raised by the above-mentioned applications. They
further requested that the Court strike these applications out of the list of
cases, in accordance with Article 37 of the Convention.
17. The applicants disagreed with the terms of the unilateral declarations
and asked the Court to continue its examination of the applications.
18. Having studied the terms of the Government’s unilateral
declarations, the Court considers – for the reasons stated in Tahirov
v. Azerbaijan (no. 31953/11, §§ 32-42, 11 June 2015) and Annagi Hajibeyli
v. Azerbaijan (no. 2204/11, §§ 30-40, 22 October 2015), which are equally
applicable to the present cases and from which the Court sees no reason to
deviate – that the proposed declarations do not provide a sufficient basis for
concluding that respect for human rights as defined in the Convention and
its Protocols does not require it to continue its examination of the present
applications.
19. The Court therefore refuses the Government’s request for it to strike
the applications out of its list of cases under Article 37 of the Convention,
and will accordingly pursue its examination of the admissibility and merits
of the cases.
III. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO
THE CONVENTION
20. Relying on Article 3 of Protocol No. 1 to the Convention and
Article 13 of the Convention, the applicants complained that in the electoral
constituencies where they had run for parliamentary election there had been
a number of serious irregularities and breaches of electoral law which had
made it impossible to determine the true opinion of the voters and had thus
infringed their right to stand as candidates in free elections. The domestic
authorities, including the electoral commissions and courts, had failed to
properly examine their complaints and to investigate their allegations
concerning the aforementioned irregularities and breaches of electoral law.
Several of the applicants complained, in particular, that the examination of
their appeal by the Supreme Court had been deprived of all effectiveness
because the election results had already been confirmed by the
Constitutional Court.
21. Having examined the special features of the present case, the Court
considers that this complaint falls to be examined only under Article 3 of