HAJILI v. AZERBAIJAN JUDGMENT
15
appearance of arbitrariness of the decision on the annulment of the election
(compare Kerimova, cited above, §§ 49-51).
56. Lastly, the Court notes that, despite the fact that the applicant had
repeatedly raised all of the above points in his appeals to the domestic
courts, the domestic courts failed to adequately address these issues and
reiterated the CEC’s findings. They refused to examine any primary
evidence, which mostly consisted of the illegally altered originals of the
PEC records of election results, and failed to review the compliance of the
CEC decision with the requirements of the electoral law. As such, the
manner of examination of the applicant’s election-related appeals was
ineffective.
57. For the above reasons, Court concludes that the decision on the
annulment of the election results in the applicant’s electoral constituency
was arbitrary, as it lacked any relevant and sufficient reasons and was in
apparent breach of the procedures established by the domestic electoral law
(see paragraph 55 above). This decision arbitrarily prevented the applicant
from exercising effectively his right to stand for election and as such ran
counter to the concern to maintain the integrity and effectiveness of an
electoral procedure aimed at identifying the will of the people through
universal suffrage.
58. There has accordingly been a violation of Article 3 of Protocol No. 1
to the Convention.
III. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
59. In conjunction with the above complaint, the applicant complained
that he had been arbitrarily deprived of his seat in the National Assembly
owing to his affiliation with the political opposition. He relied on Article 14,
which provides as follows:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
60. The Court notes that this complaint is linked to the one examined
above and must therefore likewise be declared admissible.
61. However, having regard to its above finding in relation to Article 3
of Protocol No. 1, the Court considers that it is not necessary to examine
whether in this case there has been a violation of Article 14.
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