KERIMOVA v. AZERBAIJAN JUDGMENT
11
including the manner of review of the outcome of elections and invalidation
of election results (see Kovach v. Ukraine, no. 39424/02, § 55 et seq.,
ECHR 2008-...).
45. The Court has emphasised that it is important for the authorities in
charge of electoral administration to function in a transparent manner and to
maintain impartiality and independence from political manipulation (see
The Georgian Labour Party v. Georgia, no. 9103/04, § 101, 8 July 2008),
that the proceedings conducted by them be accompanied by minimum
safeguards against arbitrariness and that their decisions are sufficiently
reasoned (see, mutatis mutandis, Namat Aliyev, cited above, §§ 81-90, and
Kovach, cited above, §§ 59-60).
46. The Government contended that the impugned decision on the
invalidation of election results was aimed at protecting the free expression
of the voters' opinion from illegal interference and ensuring that only the
rightfully elected candidates represented the voters in the Parliament.
However, the Court has doubts as to whether a practice of discounting all
votes cast in an entire electoral constituency owing merely to the fact that
irregularities have taken place in some polling stations, regardless of the
extent of the irregularities and their impact on the outcome of the overall
election results in the constituency, can necessarily be seen as pursuing a
legitimate aim for the purposes of Article 3 of Protocol No. 1 (compare,
mutatis mutandis, Kovach, cited above, § 52). However, the Court is not
required to take a final view on this issue in the light of its findings below.
47. It is sufficiently clear from the material available in the case file that,
according to the copies of PEC protocols obtained by the applicant from
each of the polling stations at the end of election day (before the incidents of
tampering with protocols took place), the applicant received a total of 5,566
votes against H.'s 3,992 votes. According to the ConEC protocol issued on
the basis of those PEC protocols, after some of those protocols had been
tampered with, the applicant received 5,350 votes against H.'s 4,091 votes.
Thus, it is obvious that the election results, as they stood both before and
after the irregularities involving illegal alterations to protocols, showed that
the applicant was the clear winner of the elections. Moreover, neither the
CEC nor the domestic courts hearing appeals against its decision, nor the
Sumgayit City Court, dealing with the criminal case concerning the
irregularities in question, ever found that any of the illegal alterations had
been made to assist the applicant's cause. On the contrary, it was found by
the Sumgayit City Court that they had been made exclusively in favour of
her opponents. Neither did the Government, in their observations, argue that
the irregularities had been intended to benefit the applicant. Accordingly,
even despite the fact that these irregularities had been made in an attempt to
inflate her opponents' vote counts and decrease her vote count, the election
results still showed the applicant as a clear winner. In such circumstances,
the Court finds it hard to understand the electoral authorities' and the