8
HAJILI v. AZERBAIJAN JUDGMENT
(see Namat Aliyev v. Azerbaijan, no. 18705/06, 8 April 2010). Furthermore,
in respect of all those cases, the Government made an undertaking to take
the same general measures as those specifically planned in the framework of
the execution of the Namat Aliyev judgment. Accordingly, it appears that
the inclusion of the specific references to the Namat Aliyev case was
intended to limit the scope of the Government’s acknowledgment to the
type of violation of Article 3 of Protocol No. 1 found in that particular case.
28. However, the Court notes that, unlike the other seven cases which
indeed raised issues similar to those in the Namat Aliyev case, the present
application concerns a different kind of interference with the rights
guaranteed by Article 3 of Protocol No. 1 to the Convention. Specifically,
while the applicants in the Namat Aliyev case and the other seven cases
referred to in the unilateral declaration complained about the ineffectiveness
of the domestic electoral appeals’ system in connection with their
complaints concerning election irregularities that had occurred before and
during election day, the applicant in the present case complained about the
allegedly arbitrary annulment of the results of the election in his electoral
constituency.
29. Accordingly, having regard to the content and scope of the
Government’s unilateral declaration and the context in which it was made,
the Court considers that it does not contain a full admission of the specific
alleged violation complained of in the present application. In such
circumstances, the Court finds that the unilateral declaration failed to
establish a sufficient basis for finding that respect for human rights as
defined in the Convention and its Protocols does not require the Court to
continue its examination of the case.
30. Therefore, the Court refuses the Government’s request to strike the
application out of its list of cases under Article 37 of the Convention and
will accordingly pursue its examination of the admissibility and merits of
the application.
II. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL NO. 1 TO
THE CONVENTION
31. Relying on Article 3 of Protocol No. 1 to the Convention and
Article 13 of the Convention, the applicant complained that the invalidation
of election results in his electoral constituency had been arbitrary and
unlawful and had infringed his electoral rights as the rightful winner of the
election. He argued that the process of invalidation had lacked transparency
and sufficient safeguards against arbitrariness, and that the decisions of the
electoral commissions and domestic courts lacked any factual basis and
were contrary to a number of requirements of the domestic electoral law.
32. The Court considers that this complaint falls to be examined only
under Article 3 of Protocol No. 1 to the Convention and that no separate
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