4
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
B. Reaction of the electoral commissions
19. According to the applicant, neither the ConEC nor the CEC replied
to his complaints.
20. According to the Government, the applicant's complaint was
examined by the ConEC. As it appears from the documents submitted by
the Government, following receipt of the applicant's complaint, the ConEC
demanded explanations from the chairmen and members of the relevant
PECs in connection with the applicant's allegations. In reply, about twenty
PEC chairmen and members submitted brief handwritten statements (some
of them as short as one or two sentences), or “explanatory notes”
(“izahat”), all signed on 21 November 2005. All these notes stated in
general terms that the election process in their respective polling stations
had gone smoothly and without any irregularities, undue pressure on voters
or any other breaches of the electoral law, and that any allegations by the
applicant to the contrary were false.
21. On 23 November 2005 the ConEC rejected the applicant's
complaint. Without any elaboration on details of the applicant's specific
allegations, it decided that they were unsubstantiated. At the same time,
however, the ConEC confirmed that the condition of the voting booths in
Polling Station no. 37 and “some other” (unidentified) polling stations had
been poor. This finding did not entail any consequences for the official
election results in those polling stations or in the constituency as a whole.
22. On the same day, 23 November 2005, the CEC issued its final
protocol approving the overall election results in the country (with the
exception of a few electoral constituencies) and submitted it, together with
relevant documents, to the Constitutional Court for review and approval of
the election results. The election results for Barda City Electoral
Constituency no. 93 were among those approved by the CEC, confirming
Z.O. as the winner in this constituency.
23. According to the country-wide results, the ruling Yeni Azerbaijan
Party again won the majority of seats in the Milli Majlis.
C. Court proceedings
24. On 25 November 2005 the applicant lodged an action with the Court
of Appeal, asking the court to invalidate the CEC's final protocol in the part
relating to the election results in Barda City Electoral Constituency no. 93.
In addition to restating all of his complaints made previously to the electoral
commissions, he also complained of specific instances of discrepancies and
inconsistencies in the PEC protocols which served as a basis for compiling
the election results in the constituency as a whole. In particular, he noted a
significant discrepancy in the PEC protocol for Polling Station no. 11, in
which certain numbers did not add up correctly. As a result, more than 700
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