NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
3
directors of governmental institutions and public organisations (such as
public schools and libraries) located on the territory of the constituency had
held staff meetings with the specific purpose of instructing their staff to vote
for Z.O., threatening them with salary cuts if Z.O. did not win the election.
12. In an affidavit signed by them, seven observers in Polling Station
no. 1 stated, inter alia, that twenty-five voters had voted twice, however the
chairman of the Precinct Electoral Commission (“the PEC”) for this polling
station had taken no action when this matter was brought to his attention.
13. Seven observers in Polling Station no. 11 noted, inter alia, that the
director of a public school where the polling station was located had openly
intervened in the election process and interfered with the functions of the
PEC without any objection by PEC members. Also, the same school
director instructed a police officer to forcibly exclude one of the observers
from the polling station.
14. Three observers in Polling Station no. 14 noted, inter alia, that a
certain named State official had actively interfered in the election process
by openly campaigning in favour of Z.O. on the premises of the polling
station, asked voters to vote for him and brought groups of unregistered
voters to the polling station to vote for Z.O.
15. Eight observers in Polling Station no. 16 witnessed one incident of
ballot-box stuffing by a PEC member.
16. An affidavit signed by six observers and candidates' representatives
in Polling Station no. 31 stated that, at 7 p.m., when the vote-counting
began, all of the observers had been forced out of the polling station
premises by the police on the instruction of the PEC chairman. In the
absence of the observers, a few hundred false ballots were illegally added
into Z.O.'s total vote count in the polling station. According to a separate
affidavit signed by observers from the same polling station, the PEC
chairman and representatives of the executive and municipal authorities
interfered in the election process and instructed voters to vote for Z.O.
According to another affidavit, there were also several irregularities in the
voter lists in this polling station.
17. Three observers in Polling Station no. 41 noted, inter alia, that
commission members had illegally added several additional ballots during
the vote-counting.
18. In their affidavits, observers from Polling Stations nos. 7, 12, 13, 15,
29, 30 and 37 documented similar incidents of alleged illegal campaigning
in favour of Z.O., ballot-box stuffing and other forms of tampering with
ballots, and irregularities with voter lists. A number of observers also noted
that voting booths in some polling stations were of inadequate standard.
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