NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
29
89. Moreover, in any event, not all of the applicant's allegations were
based on those observers' affidavits. His complaint also mentioned other
alleged serious irregularities, including apparent inconsistencies in several
PEC protocols disclosing potential large-scale tampering with ballots on the
PEC level. In terms of initial evidence necessary for examination of this
specific issue, the courts had to do nothing more than request the electoral
commissions to submit those protocols to them for an independent
examination. If such examination indeed revealed inconsistencies, a more
thorough assessment of their impact on the election results would be
necessary. However, the relevant court decisions were silent in respect of
this part of the applicant's complaint.
90. The Court acknowledges that, owing to the complexity of the
electoral process and associated time-restraints necessitating streamlining of
various election-related procedures, the relevant domestic authorities may
be required to examine election-related appeals within comparatively short
time-limits in order to avoid retarding the electoral process. For the same
practical reasons, the States may find it inexpedient to require these
authorities to abide by a set of very strict procedural safeguards or to deliver
very detailed decisions. Nevertheless, these considerations may not serve to
undermine the effectiveness of the appeal procedure, and it must be ensured
that a genuine effort is made to address the substance of arguable individual
complaints concerning electoral irregularities and that the relevant decisions
are sufficiently reasoned. In the present case, however, the conduct of the
electoral commissions and courts and their respective decisions revealed an
appearance of lack of any genuine concern for the protection of the
applicant's right to stand for election.
91. The foregoing considerations are sufficient to enable the Court to
conclude that the applicant's complaints concerning election irregularities
were not effectively addressed at the domestic level and were dismissed in
an arbitrary manner.
92. In view of the conclusion reached in the above paragraph, the Court
finds that it is not necessary for the purposes of the present case to further
examine the applicant's arguments concerning the method of composition of
the electoral commissions.
93. There has accordingly been a violation of Article 3 of Protocol No. 1
to the Convention.
II. OTHER ALLEGED VIOLATIONS OF THE CONVENTION
A. Article 14 of the Convention
94. In conjunction with the above complaint, the applicant complained
that during the entire election process he, as an opposition candidate, had
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