SAMADBAYLI AND OTHERS v. AZERBAIJAN JUDGMENT
5
Protocol No. 1 to the Convention and that no separate examination is
necessary under Article 13. Article 3 of Protocol No. 1 reads:
“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
22. 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
23. The submissions made by the applicants and the Government were
similar to those made by the relevant parties in respect of the similar
complaint raised in the case of Gahramanli and Others (cited above,
§§ 58-65).
2. The Court’s assessment
24. Having considered the facts of the present case and in view of their
clear similarity to the facts in the Gahramanli and Others on all relevant
and crucial points, the Court sees no particular circumstances that could
persuade it to deviate from its findings in that judgment, and finds that in
the present case each applicant’s right to stand as a candidate was breached
for the same reasons as those provided in that judgment, namely that the
applicants’ complaints concerning election irregularities were not
effectively addressed at domestic level (see Gahramanli and Others, cited
above, §§ 71-88).
25. There has accordingly been a violation of Article 3 of Protocol No. 1
to the Convention.
IV. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION
26. In conjunction with the above complaint, the applicants in
applications nos. 37866/11 and 42360/11 also complained that
opposition-oriented candidates, like themselves, had been discriminated
against by various means by all the State executive authorities, electoral
commissions, courts and Government-controlled media throughout the
entire electoral process. They relied on Article 14 of the Convention, which
provides: