ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
11
are essentially the same as those examined in the Tahirov judgment. The
facts of both cases are similar to a significant degree. The Court considers
that its analysis and conclusions made in the Tahirov judgment also apply to
the present case. In particular, the Court noted the existence of serious
concerns regarding the impartiality of the electoral commissions, lack of
transparency in their activity, and various shortcomings in the procedure
(ibid., §§ 60-61), a lack of clear and sufficient information about the
professional qualifications and the criteria for appointment of workinggroup experts charged with the task of examining signature sheets ((ibid.,
§§ 63-64), failure by the electoral commissions and courts to take any
further investigative steps to confirm the experts’ opinions on the
authenticity or otherwise of signatures ((ibid., § 65), systematic failure by
the electoral commissions to abide by a number of statutory safeguards
designed to protect nominated candidates from arbitrary decisions (ibid.,
§§ 66-68 and 69), failure by the electoral commissions and courts to take
into account the relevant and substantial evidence submitted by the
candidate in an attempt to challenge the working-group experts’ findings on
the authenticity or otherwise of signatures (ibid., § 69), and the failure by
the domestic courts to deal with the appeals in an appropriate manner (ibid.,
§ 70). Having regard to the above, the Court found that, in practice, the
applicant in the Tahirov judgment was not afforded sufficient safeguards to
prevent an arbitrary decision to refuse his registration as a candidate.
54. Having regard to the facts of the present case and their significant
similarity to those of the Tahirov case on all relevant and crucial points, the
Court sees no particular circumstances that could compel it to deviate from
its findings in the Tahirov case, and finds that in the present case the
applicant’s right to stand as a candidate was breached for the same reasons
as those outlined above.
55. There has accordingly been a violation of Article 3 of Protocol No. 1
to the Convention.
III. ALLEGED VIOLATION OF ARTICLE 34 OF THE CONVENTION
56. By a fax of 9 September 2014 the applicant’s representative
Mr Aliyev introduced a new complaint on behalf of the applicant, arguing
that the seizure from his office of the entire case file relating to the
applicant’s pending case before the Court, together with all the other case
files, had amounted to a hindrance to the exercise of the applicant’s right of
individual petition under Article 34 of the Convention, the relevant parts of
which read as follows:
“The Court may receive applications from any person ... claiming to be the victim of
a violation by one of the High Contracting Parties of the rights set forth in the
Convention or the Protocols thereto. The High Contracting Parties undertake not to
hinder in any way the effective exercise of this right.”