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NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
...
B. Counting
IEOM observer teams were present at the count in 231 polling stations. The conduct
of the election day process deteriorated sharply during the count. IEOM observers
assessed the ballot counting process as bad or very bad in 41 per cent of counts
observed.
IEOM observers noted a wide range of serious violations during the count, including
tampering with results protocols (12 per cent), result protocols not completed with ink
(14 per cent), intimidation of observers (16 per cent) and unauthorized persons
directing the process (14 per cent). Key procedures were not followed by more than
one third of PECs. In some polling stations, the IEOM observed attempts by PEC
members to inflate the vote for a selected candidate by swapping ballot papers from
one stack to another. Candidate representatives or opposition-nominated PEC
members were expelled from the count in a number of cases. In some cases, the count
was interrupted and the process significantly delayed, in breach of the law. In several
cases, protocols were not completed in the presence of observers, were left blank, or
were not taken directly to the ConEC. The results protocols were not posted as
required by law in 55 per cent of the counts observed. Observers reported that entitled
persons received the signed and stamped copies of the protocol in only 83 per cent of
the polling stations observed.
C. Tabulation of Results
The tabulation of results at constituency level was, overall, assessed as bad or very
bad in 34 per cent of the 90 ConECs visited. Tabulation procedures were not followed
consistently, and the organization of the work was assessed as poor or very poor in
21 per cent of cases observed. Several ConECs accepted empty or only partly
completed protocols (including protocols completed with pencil) and did not take
action against PEC chairs or members completing or changing protocols at the
ConEC. ...
XV. COMPLAINTS AND APPEALS AFTER ELECTION DAY
A. Adjudication of Complaints by the CEC
On and after election day, the CEC received and registered more than 1,000
complaints but did not address most of these complaints. Complaints that did receive
attention were not considered transparently or in accordance with the law.
Although the law requires the CEC to decide on all complaints , the CEC failed to
fully meet this legal obligation. ...
The CEC did not inform complainants on consideration of their complaints at the
CEC session, and complainants were not granted the right to give explanations or
present new evidence. Moreover, the CEC did not conduct a formal investigation or
review of complaints at its sessions. Instead an individual commission member, as a
rule a member representing the voting majority, investigated the complaint and
reported on his or her findings. These reports did not give other CEC members
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