NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
25
been impaired. For these reasons, the Government's above argument must
be dismissed.
76. Turning to the assessment of the substance of the applicant's
complaint under the Convention, the Court notes that the applicant
complained of numerous instances of irregularities and breaches of electoral
law which had allegedly taken place prior to and during election day in
numerous polling stations in his electoral constituency. In doing so, he
essentially reiterated the detailed claims he had made before the domestic
authorities (see paragraphs 9-18 and 24 above). He maintained that due to
these irregularities in themselves, as well as the domestic authorities' failure
to duly address them, the election in his constituency had not been free and
democratic and the official election results had not reflected the real opinion
of voters.
77. As for the applicant's claims concerning the specific instances of
alleged irregularities, the Court notes that, although the evidence presented
by the applicant in support of his claims can be considered strong (see
paragraphs 78-79 below), in the circumstances of the present case it is not in
a position to assume a fact-finding role by attempting to determine whether
all or part of these alleged facts had taken place and, if so, whether they had
amounted to irregularities capable of thwarting the free expression of the
opinion of the people. Owing to the subsidiary nature of its role, the Court
must be cautious in taking on the function of a first-instance tribunal of fact,
where this is not rendered unavoidable by the circumstances of a particular
case. Moreover, the Court is not required under the Convention to verify
whether any alleged irregularity had amounted to a breach of Azerbaijani
electoral law (see I.Z. v. Greece, no. 18997/91, Commission decision of
28 February 1994, Decisions and Reports 76-B, p. 65, at p. 68). Again, the
Court reiterates that its task under Article 3 of Protocol No. 1 is rather to
satisfy itself, from a more general standpoint, that the respondent State has
complied with its obligation to hold elections under free and fair conditions
and ensured that individual electoral rights were exercised effectively.
78. That being said, the Court cannot but acknowledge the seriousness
of the claims made by the applicant before the domestic authorities. In
particular, he complained of unlawful interference in the election process by
local executive authorities, undue influence on voter choice, several
instances of ballot-box stuffing, harassment of observers, irregularities in
electoral rolls and obvious discrepancies in PEC protocols showing a
possible failure to account for as many as thousands of “unused” blank
ballots. The Court considers that these types of irregularities, if duly
confirmed to have taken place, were indeed potentially capable of thwarting
the democratic nature of the elections. The Court further notes that the
applicant's allegations were based on the relevant evidence, which consisted
mainly of affidavits signed by official observers, who gave fact-specific
accounts of the alleged irregularities witnessed by them. The Court also has
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents