8
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
members of parliament, two candidates are nominated “in agreement” with
the “interested parties”: one of the nominees is agreed with the CEC
members representing the parliamentary majority party and the other is
agreed with the CEC members representing the parliamentary minority
parties (Article 30).
36. Each PEC consists of six members appointed by the relevant
ConEC. Two members of the PEC are nominated by the ConEC members
representing the parliamentary majority party, two members are nominated
by the ConEC members representing the parliamentary minority parties, and
two members are nominated by the ConEC members representing the
non-partisan members of parliament. Local branches of the relevant political
parties may suggest candidates for PEC membership for nomination by the
ConEC members representing the relevant parties. As to candidates for PEC
membership nominated by the ConEC members representing the
non-partisan members of parliament, these candidates may also be
suggested to the relevant ConEC members by voters or voters' initiative
groups. These candidates must be citizens of the Republic of Azerbaijan
who permanently reside within the territory of the relevant electoral
constituency (Article 36).
2. Examination of electoral disputes
37. Candidates and other affected persons may complain about decisions
or actions (or omissions to act) violating electoral rights of candidates or
other affected persons, within three days after publication or receipt of such
decisions or occurrence of such actions (or omissions) or within three days
after an affected person has become aware of such decisions or actions (or
omissions) (Article 112.1).
38. Such complaints can be submitted directly to a higher electoral
commission (Article 112.2). If a complaint is first decided by a lower
electoral commission, a higher electoral commission may quash its decision
or adopt a new decision on the merits of the complaint or remit the
complaint for a new examination (Article 112.9). Decisions or actions (or
omissions to act) of a ConEC may be appealed to the CEC, and decisions or
actions (or omissions to act) of the CEC may be appealed to the appellate
court (Article 112.3).
39. If the examination of the complaint reveals a suspicion that a
criminal offence has been committed, the relevant prosecuting authority can
be informed thereof. The CEC must adopt a reasoned decision in this
regard. The relevant prosecution authority must examine this information
within a three-day period (Article 112.4).
40. In cases stipulated in the Electoral Code, the courts are empowered
to quash decisions of the relevant electoral commissions, including
decisions concerning voting results and election results (Article 112.5).
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