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CDL-AD(2020)025
applicants had been registered so late and so close to election day that they had not had a
reasonable amount of time to conduct effective electoral campaigns. The late registration had
been due to a lack of safeguards against arbitrariness in the candidate registration procedures
and to delays in the examination of their appeals by the electoral authorities and courts. In
such circumstances, the applicants’ individual electoral rights had been curtailed to such an
extent as to significantly impair their effectiveness.
(i) Concern for integrity of the electoral process
In fulfilling their duties, electoral authorities and courts must demonstrate concern for integrity
of the electoral process.203
Specific case:
In Kerimova v. Azerbaijan (no. 20799/06, 30 September 2010) the applicant, who had stood
as an opposition candidate in the November 2005 parliamentary elections, complained about
arbitrary invalidation of election results in her constituency and ineffectiveness of judicial
review.
She received the largest number of votes in her constituency, having obtained 5,566 votes as
compared to the 3,922 votes cast in respect of a candidate from the ruling political party, who
came second. Following the official tabulation of the results the next day, she featured in the
electoral protocol as “the elected candidate”. On 8 November 2005 the CEC invalidated the
election results in the applicant’s constituency after finding that the protocols had been
tampered with making it impossible to determine the will of the voters. The applicant appealed,
arguing that the changes in the protocols had in effect reduced the number of votes recorded
in her favour and had increased those cast in favour of the candidate immediately after her
and that she remained the winner despite the changes. Her appeals were unsuccessful. In the
meantime, two election officials were convicted of having falsified the election results in the
applicant’s constituency, for the benefit of other candidates.
The Court observed that, even despite the fact that the irregularities had been made in an
attempt to inflate the number of votes for the applicant’s opponents, the election results had
still showed the applicant as a clear winner. Yet in their decision to invalidate the results, the
election authorities had not given any reasons to explain why the alleged breaches had altered
the outcome of the elections. Nor had they even considered the possibility of recounting the
votes once the irregularities had been established. Furthermore, the Electoral Code prohibited
the invalidation of election results at any level on the basis of a finding of irregularities
committed for the benefit of candidates who lost the election. However, neither the electoral
authorities, nor the domestic courts had endeavoured to determine in whose favour the alleged
irregularities had worked. Despite the fact that the applicant had repeatedly raised these points
in her appeals, the domestic courts had failed to adequately address them. Nor had they
examined any primary evidence. The examination of the applicant’s appeals was therefore
ineffective.
As a result, the authorities’ inadequate approach brought about a situation where the election
process in the entire electoral constituency was single-handedly sabotaged by two electoral
officials who had abused their position by making changes to a number of election protocols.
By arbitrarily invalidating the election results because of those officials’ actions, the national
authorities essentially helped them to obstruct the election. Consequently, the decision to
invalidate the election was unsubstantiated and was in apparent breach of the procedure
established by the domestic electoral law. This decision arbitrarily infringed the applicant’s
electoral rights by depriving her of the benefit of election to Parliament. It also showed a lack
203
See Kerimova v. Azerbaijan, no. 20799/06, § 53, 30 September 2010.