2
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
6. The applicant stood for the elections to the Milli Majlis (Parliament)
of 6 November 2005 as a candidate of the opposition bloc Azadliq, a
coalition formed for electoral purposes by the Popular Front Party of
Azerbaijan, with which the applicant was affiliated, together with a number
of other opposition parties. He was registered as a candidate by the
Constituency Electoral Commission (“the ConEC”) for the single-mandate
Barda City Electoral Constituency no. 93.
7. The constituency was divided into forty-two electoral precincts, with
one polling station in each precinct. There were a total of eighteen
candidates running for election in this constituency. The applicant was the
only candidate nominated by Azadliq in that constituency.
8. According to the ConEC protocol drawn up after election day, one of
the applicant's opponents, Z.O., a member of the Motherland Party, obtained
the highest number of votes cast in the constituency. Specifically, according
to the ConEC protocol, Z.O. received 5,816 votes (41.25%), the applicant
received 2,001 votes (14.19%), and a third candidate received 1,821 votes
(12.92%). The total number of votes cast for each of the remaining
candidates was substantially lower.
A. The applicant's claims concerning alleged irregularities on
election day
9. On 7 and 8 November 2005 the applicant submitted identical
complaints to the ConEC and the Central Electoral Commission (“the
CEC”), in which he claimed, inter alia, that:
(i) the local executive and municipal authorities, as well as heads of
state-funded institutions and organisations, interfered in the election process
in favour of Z.O. prior to and during election day (in the form of openly
campaigning in his favour and coercing voters to vote for him);
(ii) Z.O.'s supporters (mostly State officials of various sorts) intimidated
voters and otherwise attempted to influence voter choice in polling stations;
(iii) in several polling stations, observers were harassed or excluded from
the voting area by the police;
(iv) some citizens residing in relevant election precincts were unable to
exercise their right to vote due to the authorities' failure to include them in
relevant voters lists; and
(v) there were instances of multiple voting and ballot-box stuffing in
different polling stations.
10. In support of his claims, the applicant submitted to the CEC originals
of more than 30 affidavits (akt) of election observers, audio tapes and other
evidence documenting specific instances of irregularities complained of.
Some examples of the evidence presented are summarised below.
11. The ten-minute audio recording contained interviews with a number
of unidentified voters, who stated, inter alia, that prior to election day