30
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
been discriminated against due to his political affiliation and had not been
allowed to run for election under equal conditions with the candidates
affiliated with the incumbent party. He relied on Article 14, which provides
as follows:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
95. The Court notes that this complaint is linked to the one examined
above and must therefore likewise be declared admissible.
96. However, having regard to its above finding in relation to Article 3
of Protocol No. 1, the Court considers that it is not necessary to examine
whether in this case there has been a violation of Article 14.
B. Article 6 of the Convention
97. The applicant complained under Article 6 of the Convention that the
domestic judicial proceedings had been unfair and arbitrary. Article 6 of the
Convention provides, in its relevant part, as follows:
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”
98. The Court notes that the proceedings in question involved the
determination of the applicant's right to stand as a candidate in the
parliamentary elections. The dispute in issue therefore concerned the
applicant's political rights and did not have any bearing on his “civil rights
and obligations” within the meaning of Article 6 § 1 of the Convention (see
Pierre-Bloch v. France, 21 October 1997, § 50, Reports 1997-VI;
Cherepkov v. Russia (dec.), no. 51501/99, ECHR 2000-I; Ždanoka v. Latvia
(dec.), no. 58278/00, 6 March 2003; and Mutalibov v. Azerbaijan (dec.),
no. 31799/03, 19 February 2004). Accordingly, this Convention provision
does not apply to the proceedings complained of.
99. It follows that this complaint is incompatible ratione materiae with
the provisions of the Convention within the meaning of Article 35 § 3 and
must be rejected in accordance with Article 35 § 4.
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