KERIMOVA v. AZERBAIJAN JUDGMENT
3
stations constitutes more than one-quarter of the total number of voters in the
constituency.
3. To forward the relevant materials concerning this electoral constituency to the
Prosecutor General's Office for investigation.”
11. On 11 November 2005 the applicant lodged an appeal against this
decision with the Court of Appeal, arguing that the findings in the CEC
decision were wrong. While the CEC decision noted that “impermissible
alterations” had been made to the protocols of sixteen PECs, in reality such
alterations had been made to the protocols of only five PECs (in Polling
Stations nos. 8, 10, 11, 21 and 24). The applicant noted that this conclusion
could be arrived at by simply comparing the ConEC protocol with the
copies of the PEC protocols in her possession. She further noted that, on
each occasion, the alterations had been made to reduce the number of votes
cast in her favour and to increase the number of H.'s votes. Even though
these falsifications were directed against the applicant, she was still the
winner according to the falsified results announced by the ConEC.
12. As to the alterations made in the remaining eleven PEC protocols,
the applicant argued that they were of a technical nature and did not affect
the number of votes cast for each candidate. Therefore, those alterations
could not impede the determination of the will of the voters.
13. The applicant further complained that the CEC had failed to consider
the possibility of ordering a recount of the votes as required by
Article 108.4 of the Electoral Code and to summon her as the candidate and
hear her explanation as required by Article 112.8 of the Electoral Code.
14. Lastly, the applicant noted that the ConEC protocol had been
submitted to the CEC on the night of 7 to 8 November 2005 and the issue of
invalidation of the election results had been put immediately on the CEC
agenda on 8 November. As a result, due to lack of time, some CEC
members had received incomplete or misleading information about the
matter and had thus made an uninformed decision.
15. During the hearing held on 14 November 2005, the judges of the
Court of Appeal refused to independently examine the originals of the PEC
and ConEC protocols. The Court of Appeal upheld the CEC decision by
reiterating the findings made in that decision and concluding that the
invalidation of the election results based on those findings had been lawful.
16. The applicant lodged a cassation appeal. Apart from the arguments
advanced in her appeal before the Court of Appeal, she also complained,
inter alia, that the Court of Appeal had refused to independently examine
the primary evidence (the originals of the relevant election protocols) and
had simply taken the CEC's findings as fact.
17. On 25 November 2005 the Supreme Court rejected the applicant's
appeal and upheld the Court of Appeal's judgment as lawful.