2
KERIMOVA v. AZERBAIJAN JUDGMENT
ConEC”) for the single-mandate Sumgayit Second Electoral Constituency
no. 42.
7. The constituency was divided into thirty-seven electoral precincts,
with one polling station in each precinct. There were a total of fifteen
candidates running for election in this constituency.
A. Election results in the applicant's constituency
8. At the end of election day, the applicant obtained copies of the
election protocols drawn up by each of the thirty-seven Precinct Electoral
Commissions (“the PEC”). According to the copies of the PEC protocols in
the applicant's possession, she received the largest number of votes in the
constituency. Specifically, she received a total of 5,566 votes. The second
highest number of votes, 3,922 votes in total, was received by a candidate
from the ruling Yeni Azerbaijan Party (H.). The applicant received the
highest number of votes in thirty polling stations, while H. received the
highest number of votes in seven polling stations.
9. According to the ConEC protocol drawn up on 7 November 2005
following an official tabulation of results received from the precincts, the
applicant obtained the highest number of votes cast in the constituency.
Specifically, according to the ConEC protocol, the applicant received 5,350
votes, H. received 4,091 votes, and a third candidate received 1,532 votes.
The total number of votes cast for each of the remaining candidates was
substantially lower. The ConEC protocol indicated the applicant as “the
elected candidate”.
B. Invalidation of the election results and the applicant's appeals
10. On 8 November 2005 the Central Election Commission (“the CEC”)
issued a decision invalidating the election results in Sumgayit Second
Electoral Constituency no. 42. The decision, in its entirety, stated as
follows:
“Pursuant to Articles 19.4, 19.14, 25.2.22, 28.4, 100.12 and 170.2.2 of the Electoral
Code and sections 3.5 and 3.6 of the Law of 27 May 2003 on Approval and Entry into
Force of the Electoral Code, the Central Electoral Commission decides:
1. To invalidate the election results in Polling Stations nos. 1, 3, 4, 5, 8, 11, 16, 17,
18, 19, 20, 21, 23, 24, 32, and 36 of Sumgayit Second Electoral Constituency no. 42
due to impermissible alterations [“yolverilməz düzəlişlər”] made in the PEC protocols
of these polling stations as well as infringements of law [“qanun pozuntuları”] which
made it impossible to determine the will of the voters.
2. To invalidate the election results in Sumgayit Second Electoral Constituency
no. 42 due to the fact that the number of polling stations in which the election results
have been invalidated constitutes more than two-fifths of the total number of polling
stations in the constituency and that the number of voters registered in those polling