NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
23
ruling party. The applicant also claimed that, although Z.O. was a member
of the Motherland Party, this party was politically very close to the ruling
Yeni Azerbaijan Party. That is why, in his opinion, the ruling party was in
favour of him winning the election against the opposition candidates.
2. The Court's assessment
70. Article 3 of Protocol No. 1 appears at first sight to differ from the
other rights guaranteed in the Convention and Protocols, as it is phrased in
terms of the obligation of the High Contracting Party to hold elections
which ensure the free expression of the opinion of the people rather than in
terms of a particular right or freedom. However, the Court has established
that it guarantees individual rights, including the right to vote and to stand
for election (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987,
§§ 46-51, Series A no. 113). The Court has consistently highlighted the
importance of democratic principles underlying the interpretation and
application of the Convention and emphasised that the rights guaranteed
under Article 3 of Protocol No. 1 are crucial to establishing and maintaining
the foundations of an effective and meaningful democracy governed by the
rule of law (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC],
no. 74025/01, § 58, ECHR 2005-IX).
71. The rights bestowed by Article 3 of Protocol No. 1 are not absolute.
There is room for “implied limitations” and Contracting States have a wide
margin of appreciation in the sphere of elections (see Mathieu-Mohin and
Clerfayt, cited above, § 52; Matthews v. the United Kingdom [GC],
no. 24833/94, § 63, ECHR 1999-I; and Labita v. Italy [GC], no. 26772/95,
§ 201, ECHR 2000-IV). It is, however, for the Court to determine in the last
resort whether the requirements of Article 3 of Protocol No. 1 have been
complied with. In particular, it has to satisfy itself, among other things, that
the conditions in which individual rights are exercised in the course of the
electoral process do not curtail the rights in question to such an extent as to
impair their very essence and deprive them of their effectiveness (see
Mathieu-Mohin and Clerfayt, cited above, § 52, and Gitonas and Others
v. Greece, 1 July 1997, § 39, Reports of Judgments and Decisions 1997-IV).
Such conditions must not thwart the free expression of the people in the
choice of the legislature – in other words, they must reflect, or not run
counter to, the concern to maintain the integrity and effectiveness of an
electoral procedure aimed at identifying the will of the people through
universal suffrage (see Hirst (no. 2), cited above, § 62).
72. Furthermore, the object and purpose of the Convention, which is an
instrument for the protection of human rights, requires its provisions to be
interpreted and applied in such a way as to make their stipulations not
theoretical or illusory but practical and effective (see, among many other
authorities, United Communist Party of Turkey and Others v. Turkey,
30 January 1998, § 33, Reports 1998-I; Chassagnou and Others v. France
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