HAJILI v. AZERBAIJAN JUDGMENT
3
of 12 November 2005 and to declare him the winner of the election in the
constituency.
11. During the hearing held on 14 November 2005, the judges of the
Court of Appeal did not independently examine the originals of the PEC
and the ConEC records of results or hear witnesses called by the applicant.
The Court of Appeal upheld the CEC decision by reiterating the findings
made in that decision and concluding that the invalidation of the election
results based on those findings had been lawful.
12. The applicant lodged a cassation appeal. In addition to the arguments
advanced in his appeal before the Court of Appeal, he also complained,
inter alia, that the Court of Appeal had refused to independently examine
the primary evidence and had simply taken the CEC’s findings as fact. He
also complained that the CEC had failed to consider the possibility of
ordering a recount of the votes as required by Article 108.4 of the Electoral
Code and to summon him as an affected party and hear his explanation as
required by Article 112.8 of the Electoral Code.
13. On 23 November 2005 the Supreme Court rejected the applicant’s
appeal and upheld the Court of Appeal’s judgment as lawful.
14. On 1 December 2005 the Constitutional Court ordered repeat
elections to be held on 13 May 2006 for all electoral constituencies in which
the results had been invalidated, including the applicant’s constituency.
II. RELEVANT DOMESTIC LAW AND INTERNATIONAL REPORTS
A. Electoral Code
15. After the votes in a polling station have been counted at the end of
election day, the PEC draws up an official record of election results (in three
original copies) documenting the results of the vote in the polling station
(Articles 106.1-106.6). One copy of the PEC record, together with other
relevant documents, is then submitted to the relevant ConEC within
twenty-four hours (Article 106.7). The ConEC verifies whether the PEC
record complies with the law and whether it contains any inconsistencies
(Article 107.1). After submission of all PEC records, the ConEC tabulates,
within two days of election day, the results from the different polling
stations and draws up a record reflecting the aggregate results of the vote in
the constituency (Article 107.2). One copy of the ConEC record of results,
together with other relevant documents, is then submitted to the CEC within
two days of election day (Article 107.4). The CEC checks whether the
ConEC records comply with the law and whether they contain any
inconsistencies (Article 108.1) and draws up its own final record reflecting
the results of voting in all constituencies (Article 108.2).
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