6
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
28 November 2005. As to the originals of the documentary evidence
allegedly submitted to the CEC, the Supreme Court noted that the applicant
had failed to submit any evidence proving that he had ever applied to the
CEC with a complaint. The reasoning in the Supreme Court's decision was
as follows:
“According to Article 77.1 of the CCP ..., each party must prove any allegations
which it makes in support of its claims and objections.
[The applicant] has not presented any convincing evidence capable of proving the
allegations forming the basis of his claim. The photocopies of affidavits attached to
his claim were not admitted as convincing evidence by the Court of Appeal in a
lawful and justified manner, as they had not been notarised.
Moreover, the case materials contain no documents confirming that the applicant
had applied to the electoral commissions under the procedure specified in Article 112
of the Electoral Code.
Although at the oral hearing the applicant claimed that he had submitted the
originals of the affidavits to the CEC, he has not submitted to the court any evidence
showing that he had [actually] applied to the CEC.
However, according to Articles 89 and 90 of the CCP ..., originals or duly certified
copies of evidence should be submitted to courts. The applicant has not complied with
this rule.
According to Article 416 of the CCP ..., the court of cassation instance verifies
whether the court of appellate instance has correctly applied substantive and
procedural law.
The court considers that the Court of Appeal has correctly applied the relevant law
and correctly reached the conclusion that the claim was unsubstantiated. There is no
ground for quashing the [Court of Appeal's] judgment.”
29. On the same day, 1 December 2005, the Constitutional Court
confirmed the election results in the majority of the electoral constituencies,
including Barda City Electoral Constituency no. 93.
II. RELEVANT DOMESTIC LAW
A. Electoral Code
30. The following are the relevant provisions of the Electoral Code as
effective at the material time.
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