NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
27
examination of the applicant's claims by the electoral commissions and
courts was effective and devoid of arbitrariness.
83. According to the applicant, the electoral commissions did not even
reply to his complaints. The Government, however, presented proof that his
complaint had been examined by the ConEC. However, having regard to the
documents submitted by the Government, the Court notes that, while the
ConEC took as long as sixteen days to deliver its decision (which was
considerably longer than the three-day time-limit provided by the Electoral
Code), it did nothing more than request written explanations from the
relevant PEC chairmen and members. Given that the confirmation of these
allegations could potentially entail responsibility on the part of these PEC
officials for the election irregularities, it is not surprising that all of them
simply denied any wrongdoing using the most general wording. For this
reason, and having regard to their content, the Court is not convinced that
these statements were particularly helpful in determining the factual
accuracy of the applicant's claims. Nevertheless, the ConEC appeared to
have relied exclusively on the statements of PEC officials in deciding to
dismiss the applicant's complaint, without explaining why these statements
were considered to be more reliable than the much more detailed and
fact-specific evidence presented by the applicant. In fact, no reason was
offered by the ConEC in support of its finding that the applicant's claims
were “unsubstantiated”. There is no indication that any detailed assessment
of the substance of the applicant's allegations was attempted or that any
genuine effort was made to determine the validity of his claims (contrast
Babenko, cited above, where a domestic court examined each specific
allegation of election irregularity in detail and assessed its effect on the
election).
84. As for the complaint lodged directly with the CEC, the Court notes
that the applicant has submitted documentary evidence proving that his
complaint was received by the CEC on 8 November 2005. However, it
appears that the CEC indeed ignored the applicant's complaint and left it
unexamined. This is despite Article 112.2 of the Electoral Code, which
provided an opportunity to lodge any election-related complaints directly
with a “superior electoral commission”, which term appeared to include the
CEC. The Court again refers to the OSCE/ODIHR report, which noted that
“in the vast majority of cases” the CEC merely transmitted individual
complaints to the relevant ConECs without examining them, and that it “did
not address most of [the] complaints” it received on and after election day.
In the instant case, no explanation has been forthcoming from the
Government as to the reasons for the CEC's failure to deal with the
applicant's complaint despite the requirements of the Electoral Code.
85. The applicant's subsequent appeals lodged with the Court of Appeal
and the Supreme Court were not addressed adequately either. In particular,
both courts relied on extremely formalistic reasons to avoid examining the
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