20 NAMAT ALIYEV v. AZERBAIJAN JUDGMENT A. Admissibility 58. The Government argued that the applicant had not exhausted domestic remedies in respect of the part of the complaint relating to the method of composition of the electoral commissions. They argued that the applicant could have raised this issue before the domestic courts, but he had failed to do so. 59. The applicant argued that the remedy suggested was ineffective. 60. The Court reiterates that Article 35 § 1 of the Convention, which sets out the rule on exhaustion of domestic remedies, provides for a distribution of the burden of proof. It is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one available in theory and in practice at the relevant time, that is to say, that it was accessible, was one which was capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success (see Akdivar and Others v. Turkey, 16 September 1996, § 68, Reports of Judgments and Decisions 1996-IV, and Selmouni v. France [GC], no. 25803/94, § 76, ECHR 1999-V). The Court further emphasises that the domestic remedies must be “effective” in the sense either of preventing the alleged violation or its continuation, or of providing adequate redress for any violation that has already occurred (see Kudła v. Poland [GC], no. 30210/96, § 158, ECHR 2000-XI). The Court is not persuaded by the Government's arguments. The Government failed to provide explanation as to how a complaint to the domestic courts concerning the method of composition of electoral commissions, made during the electoral process, could provide the applicant with adequate and timely redress. Within the framework of the appeal system for election-related complaints, the Court of Appeal and the Supreme Court were competent (at least theoretically under the domestic law) to hear appeals against decisions of electoral commissions concerning a wide variety of electoral matters. However, it appears that the relevant courts had no competence to alter the method of composition of electoral commissions, which was prescribed in detail by the Electoral Code, and especially so in the midst of the electoral process. The Government have not suggested any other form of redress that could have possibly been provided by the domestic courts and that could be considered adequate. For these reasons, the Government's objection must be dismissed. 61. Furthermore, the Court considers that the complaint, as a whole, is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention or inadmissible on any other grounds. It must therefore be declared admissible.