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NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
The campaign was undermined by numerous cases of interference of local executive
authorities in the election process, with widespread evidence that such interference
either favored candidates associated with the incumbents or disadvantaged opposition
candidates. ... [M]any candidates and campaign staff were harassed during the course
of their campaign activities, for example, while meeting with voters, displaying
posters or distributing leaflets.
...
The EOM received a number of reports from citizens, particularly from the regions,
regarding heads of schools, hospitals and State-owned companies who collected
signatures that allegedly obliged staff to vote for selected candidates. The
OSCE/ODIHR EOM also received reports of intimidation and coercion of school
staff, students and parents to attend campaign events, predominantly in favor of YAP
candidates.
The 11 May and 25 October presidential decrees acknowledged many such issues
and provided instructions to state and local executive bodies, with a view to ensuring
that the parliamentary elections be conducted in full compliance with the Election
Code. While the decrees addressed some of the shortcomings observed by the
OSCE/ODIHR EOM, the overall lack of meaningful implementation undermined their
objectives.
...
IX. COMPLAINTS AND APPEALS PRIOR TO ELECTION DAY
In its 2003 Final Report, OSCE/ODIHR recommended that the CEC enact clear
regulations governing the consideration of complaints and appeals. Similarly, it was
recommended that safeguards be instituted to ensure that local executive authorities
do not interfere in the electoral process or direct the work of the election
commissions. These recommendations were not implemented and this had a
significant and detrimental effect on the election complaints process.
The Election Code envisages most complaints being filed with election
commissions, but the law also allows complaints to be lodged with the superior
election commission, with decisions in all cases to be made within a three-day
deadline. In a large number of cases, candidates lodged complaints directly with the
CEC, by-passing the respective ConEC even where the ConEC had not yet brought a
decision on the respective complaint. This indicated a lack of confidence in the
neutrality of the constituency commissions. The CEC formally registered all such
complaints, but in the vast majority of cases merely returned them to the relevant
ConEC for its decision, even where the ConEC had already made a prior decision.
In many cases, ConECs did not decide complaints within the three-day deadline or
issue an interim decision. Although some ConECs did try to adjudicate complaints in
a transparent way, a number of ConECs addressed complaints belatedly and
superficially. There were cases in which ConECs claimed not to have received
complaints, when it was clear they had done so, did not sanction PEC officials who
had discriminated against candidates, failed to notify candidates or observers when
complaints were discussed or simply ignored complaints. ... In numerous cases,
commission chairpersons were clearly biased in favor of YAP or pro-government
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