6
ATAKISHI v. AZERBAIJAN JUDGMENT
examined only under Article 3 of Protocol No. 1 to the Convention, which
reads as follows:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
A. Admissibility
30. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that it is not inadmissible on any other grounds. It must therefore be
declared admissible.
B. Merits
1. The parties’ submissions
31. The Government submitted that the aim of Article 88 of the
Electoral Code, which served as the basis for his disqualification, was to
ensure equal and fair campaign conditions for all candidates.
Disqualification of candidates who engaged in various forms of illegal
vote-buying and other illegal campaigning methods had the legitimate aim
of protecting the free expression of the opinion of the people in elections
and ensuring that the elections were held in accordance with democratic
standards.
32. The Government maintained that the applicant had been disqualified
because he had attempted to bribe voters and had otherwise conducted his
campaign in an unlawful manner. According to the Government, these facts
had been sufficiently proved by the written statements made by a number of
voters and by another candidate. They maintained that the ConEC had held
a meeting on 29 October 2005 in accordance with the procedural
requirements and taken a substantiated decision to request the applicant’s
disqualification. Furthermore, the applicant had been afforded an
opportunity to fully and effectively defend his position in the relevant
proceedings before the domestic courts, which had taken their decisions “in
full compliance with the Electoral Code”.
33. The applicant submitted that there existed no proven factual or legal
grounds for his disqualification. He claimed that his arbitrary
disqualification was just one of various unlawful acts by various officials
who had abused their authority in order to interfere with the electoral
process with the aim of creating “favoured conditions” in order to ensure the
election of M.I., the candidate supported by the Government.