22
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
that the parliamentary majority party could only directly nominate one-third
of the members of each commission, while the majority of at least
two-thirds of commission members' votes was required by law for adoption
of any commission decisions. Although by law every chairperson of every
commission was elected from among the representatives of the ruling party,
this did not affect the decision-making process within the commission as the
chairperson did not possess a decisive or tie-breaking vote. The Government
concluded that electoral commissions were generally independent and
impartial and that, in any event, there could have been no lack of
impartiality in the present case, as the applicant's opponent, Z.O., was not
even a member of the ruling party.
66. The applicant submitted that he had been unable to benefit from an
environment in which elections were free and fair and that the relevant State
authorities had not duly reacted to the existence of numerous infringements
of the electoral law in his constituency. He reiterated his allegations
concerning specific instances of alleged irregularities that had taken place in
his constituency and maintained that the sheer scale of these irregularities
undermined the free expression of the opinion of the people voting in the
constituency. In support of his arguments, the applicant also relied heavily
on a number of reports by international organisations and mass media
sources which contained general criticism of the various aspects of the
parliamentary elections of 6 November 2005 in Azerbaijan.
67. The applicant further maintained that those irregularities prejudiced
the outcome of the election. Had all his allegations been examined and
assessed fairly, his corrected official vote total would have actually been
higher than that of Z.O. and he would have won the election.
68. The applicant argued that he had been unable to obtain an effective
examination of his election-related complaints. Again, relying heavily on
excerpts from various reports and recommendations concerning the
elections of 6 November 2005 prepared by various observation missions, he
argued that, in general, there had been many shortcomings in how the
existing mechanism for addressing election-related complaints functioned in
practice. As to his specific case, he argued that he had presented sufficient
evidence to the domestic electoral commissions and courts in support of his
claims, but the latter had used formal grounds in order to avoid examining
the essence of his complaints and had not given him an opportunity to
submit duly certified copies of the relevant evidence, if this was deemed
absolutely necessary.
69. Lastly, the applicant claimed that in reality the majority of members
of every electoral commission at every level were either the direct nominees
of the ruling party or “persons supporting the ruling party”. The applicant
appeared to imply (without clearly stating it) that commission members
formally nominated by non-partisan members of parliament were usually, in
practice, pro-ruling-party persons, albeit not formally affiliated with the
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