NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
19
complete information on the complaint. Notwithstanding the large number of
complaints, the CEC met infrequently and completed its final protocol without
considering all pending complaints. ...
...
B. Adjudication of Appeals by the Court of Appeal and the Supreme Court
The adjudication of post-election disputes in the courts largely disregarded the legal
framework, and fell short of internationally accepted norms. In total, the Court of
Appeal received 71 appeals and complaints in the post-election period. The Supreme
Court received nine appeals during the post-election period until 23 November. The
OSCE/ODIHR EOM observed eight hearings in the Court of Appeal and seven
hearings in the Supreme Court. In most cases, complaints and appeals were either
dismissed without consideration of the merits or rejected as groundless by both the
Court of Appeal and the Supreme Court. ...”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO
THE CONVENTION
56. Relying on Article 3 of Protocol No. 1 to the Convention and
Article 13 of the Convention, the applicant complained that, in the electoral
constituency where he stood as a candidate in the parliamentary elections,
there had been a number of serious irregularities and breaches of electoral
law which had made it impossible to determine the true opinion of voters
and thus had infringed his right to stand as a candidate in free elections. The
domestic authorities, including the electoral commissions and courts, had
failed to duly examine his complaints and to investigate his allegations
concerning the mentioned irregularities and breaches of electoral law. He
also argued that one of the reasons for this failure was the method of
composition of electoral commissions at all levels, which allegedly placed
the majority of votes within each commission under the control of the ruling
political forces and made the commissions prone to take
politically-motivated decisions disadvantaging opposition candidates.
57. Having regard to the special features of the present case, the Court
considers that this complaint falls to be examined only under Article 3 of
Protocol No. 1 to the Convention and that no separate examination is
necessary under Article 13. Article 3 of Protocol No. 1 reads as follows:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
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