4
ATAKISHI v. AZERBAIJAN JUDGMENT
been fabricated in one day and that the allegations of his alleged
wrongdoings were false and based on lies. He further complained that the
Court of Appeal had not heard any of the complainants. As to the
“complaints by voters”, the court had not even attempted to verify whether
they had been authored by existing persons. Moreover, despite the fact that
H.S. had sent a retraction of his accusations to the ConEC and the Court of
Appeal and had personally attended the hearing, the court had refused to
hear him.
20. On 5 November 2005 the Supreme Court dismissed the applicant’s
appeal and upheld the Court of Appeal’s judgment of 31 October 2005. It
found that the Court of Appeal had not committed any breaches of
substantive or procedural law and that the applicant’s arguments were not
supported by the material in the case file.
II. RELEVANT DOMESTIC LAW
A. Electoral Code
21. According to Article 88.1 of the Electoral Code, the election
programmes of candidates, and their pre-election speeches and campaign
materials distributed through the media, must not contain statements
inciting to the capture of State power by force, change to the constitutional
system by force, or violations of the country’s territorial integrity, or
statements insulting the honour and dignity of citizens.
22. Article 88.2 of the Electoral Code prohibits candidates from abusing
the right to campaign in the media by inciting social, racial, ethnic or
religious hatred and hostility.
23. Article 88.4 of the Electoral Code of 2003 provides as follows:
“88.4. Candidates ... are prohibited from gaining the support of voters in the
following ways:
88.4.1. giving money, gifts and other valuable items to voters (except for badges,
stickers, posters and other campaign materials having nominal value), except for the
purposes of organisational work;
88.4.2. giving or promising rewards based on the voting results to voters who were
involved in organisational work;
88.4.3. selling goods on privileged terms or providing goods free of charge (except
for printed material);
88.4.4. providing services free of charge or on privileged terms;