8
ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
of in connection with the 2010 elections (contrast Gambar and Others
v. Azerbaijan (dec.), nos. 4741/06, 19552/06, 22457/06, 22654/06,
24506/06, 36105/06, and 40318/06, 9 December 2010).
39. Having studied the terms of the Government’s unilateral declaration,
the Court considers that the proposed declaration does not provide a
sufficient basis for concluding that respect for human rights as defined in
the Convention and its Protocols do not require it to continue its
examination of this particular case.
40. Therefore, the Court refuses the Government’s request for it to strike
the application out of its list of cases under Article 37 of the Convention,
and will accordingly pursue its examination of the admissibility and merits
of the case.
II. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO
THE CONVENTION
41. The applicant complained under Article 3 of Protocol No. 1 to the
Convention and Article 13 of the Convention that his right to stand as a
candidate in free elections had been violated because his request for
registration as a candidate had been refused arbitrarily. The Court considers
that this complaint falls to be examined only under Article 3 of Protocol
No. 1 to the Convention and that no separate examination is necessary under
Article 13 (compare Namat Aliyev v. Azerbaijan, no. 18705/06, § 57,
8 April 2010). Article 3 of Protocol No. 1 to the Convention 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
42. 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
43. The Government submitted that the Contracting States enjoyed a
wide margin of appreciation under Article 3 of Protocol No. 1 in
establishing conditions for exercising the right to stand for election. The
requirement to collect at least 450 signatures in support of a candidate had a