NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
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B. Merits
1. The parties' submissions
62. The Government submitted that the elections at Barda City Electoral
Constituency no. 93 had been conducted in accordance with the
requirements of the Electoral Code. The Government argued that the
documents submitted by the applicant (mainly observers' affidavits),
allegedly proving the irregularities in the constituency, had been in fact
compiled only by the applicant's supporters and representatives in various
polling stations. In any event, the allegations made by the applicant in
reliance on those affidavits contained either “general expressions” or
referred to types of alleged infringements which could not seriously affect
the election results. They were frequently of speculative nature rather than
referring to specific facts. The alleged breaches of electoral law were
insignificant and concerned minor local incidents and, thus, did not have a
substantial impact on the conduct of the election in the constituency as a
whole. The Government argued that, in any event, the difference between
the official total numbers of votes received by the winning candidate and the
applicant (5,816 votes against 2,001) had been so significant that, even if
the applicant could prove that the irregularities alleged by him had indeed
taken place, they could not have affected the ultimate result of the election.
63. Further, relying on Babenko v. Ukraine ((dec.), no. 43476/98, 4 May
1999), the Government argued that, taking into account the existence of the
domestic authorities' decisions concerning the essence of the applicant's
claims, the Court should limit itself to examining only whether those
decisions were arbitrary.
64. In this respect, the Government maintained that there were effective
remedies available at the domestic level which were capable of providing
redress for the kind of election-related matters the applicant complained of.
The relevant domestic authorities and courts had duly examined the
applicant's complaints and found them unsubstantiated. Contrary to the
applicant's claim that the electoral commissions had ignored his complaints,
the ConEC actually examined them and even demanded explanations from
the relevant PECs. Although the ConEC found that the conditions of some
voting areas in some polling stations had indeed been poor, all the
applicant's remaining allegations were found to be groundless and untrue.
The applicant's subsequent appeals to the domestic courts were not
supported by admissible or sufficient evidence and therefore the courts had
correctly dismissed his complaints as unsubstantiated.
65. As to the method of composition of electoral commissions, the
Government argued that the commissions were composed on a parity basis
that did not allow any political force to obtain control over the
decision-making process within any commission at any level. They noted
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