ATAKISHI v. AZERBAIJAN JUDGMENT
5
88.4.5. influencing the voters during the pre-election campaign by promising them
securities, money or other material benefits, or providing services that are contrary to
the law.”
24. According to Articles 113.1, 113.2.3 and 113.2.10 of the Electoral
Code, the relevant electoral commission may request a court to cancel the
registration of a candidate who engages in activities prohibited by
Articles 88.2-88.4 of the Code.
25. Complaints concerning decisions of electoral commissions must be
examined by the courts within three days (unless the Electoral Code
provides for a shorter period). The period for lodging an appeal against a
court decision is also three days (Article 112.11).
B. Code of Civil Procedure
26. Chapter 25 of the Code of Civil Procedure sets out rules for the
examination of applications concerning the protection of electoral rights
(or the right to participate in a referendum). According to Article 290, such
applications must be submitted directly to the appellate courts in accordance
with the procedure established by the Electoral Code.
27. Applications concerning the protection of electoral (referendum)
rights must be examined within three days of receipt, except for applications
submitted on election day or the day after election day, which must be
examined immediately (Article 291.1). The court must hear the case in the
presence of the applicant, a representative of the relevant electoral
commission and any other interested parties. Failure by any of these parties
to attend the hearing after due notification does not preclude the court from
examining and deciding the case (Article 291.2).
28. The appellate court’s decision can be appealed against to the higher
court (the cassation court) within three days. This appeal must be examined
within three days, or immediately if submitted on election day or the next
day. The decision of the cassation court is final (Article 292).
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL NO. 1 TO
THE CONVENTION
29. Relying on Article 3 of Protocol No. 1 to the Convention and
Articles 10 and 13 of the Convention, the applicant complained that his
registration as a candidate for the parliamentary elections had been
cancelled arbitrarily. The Court considers that this complaint falls to be