2 ATAKISHI v. AZERBAIJAN JUDGMENT A. Allegations against the applicant and the ConEC’s decision to request his disqualification 7. On 29 October 2005 the ConEC held a meeting in the applicant’s absence and decided to apply to the Court of Appeal with a request to cancel the applicant’s registration as a candidate owing to reports of his engaging in activities incompatible with the requirements of Articles 88.1-88.4 of the Electoral Code. The ConEC relied on the following grounds. 8. Firstly, it noted that it had received a written complaint from a voter (H.S.) claiming that the applicant had given him money (in the amount of 300 US dollars) and asked him to promote the applicant’s candidacy among the population, offer money to voters in exchange for their votes, and disrupt his main opponent’s campaign. 9. Secondly, it noted that it had received complaints from a number of voters and from another candidate (M.I.) that the applicant had regularly insulted his opponents and the government in his campaign speeches and publications and physically disrupted his opponents’ meetings with voters. In particular, one of the complaints by voters, sent to the ConEC by telegram, stated, in its entirety, as follows: “[The applicant] and his supporters insult the current government and use offensive language in respect of other candidates, we ask you to take the necessary measures.” 10. Another telegram by a voter stated, in its relevant part, as follows: “... during his meeting with voters in our village, [the applicant], instead of speaking about his election platform, insulted and spread calumnious rumours about [four other] candidates; such a candidate should be disqualified from the election if his actions are contrary to the election law, and what good can [the applicant] bring to the population, to the State; his candidacy should be cancelled ...” 11. There were several other hand-written letters or telegrams with a similar content. 12. The complaint by the candidate M.I. stated that the applicant insulted him at all his meetings with voters, using offensive language. M.I. further stated that on 28 October 2005 a large group of the applicant’s supporters, including his brother, had forcibly broken into a meeting room where M.I. was holding a campaign meeting with voters, disrupted the meeting, caused disorder and insulted M.I. using obscene language. 13. Another complaint was submitted by several highly-ranked members of the local branch of the Yeni Azerbaijan Party (“the YAP” – the ruling party, which, it appears, supported candidate M.I. in the election in question). They noted that the applicant’s supporters had disrupted M.I.’s meeting and subsequently “made for the streets and attempted to disrupt the peace and quiet of the town’s population”. 14. According to the applicant, on 28 October 2005 H.S. wrote a letter to the ConEC retracting his previous accusations against the applicant and explaining that he had made those statements owing to a personal