24
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
[GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III; and
Lykourezos v. Greece, no. 33554/03, § 56, ECHR 2006-VIII). In the case of
Podkolzina v. Latvia, the Court stated that the right to stand as a candidate
in an election, which is guaranteed by Article 3 of Protocol No. 1 and is
inherent in the concept of a truly democratic regime, would only be illusory
if one could be arbitrarily deprived of it at any moment. Consequently,
while it is true that States have a wide margin of appreciation when
establishing eligibility conditions in the abstract, the principle that rights
must be effective requires that the eligibility procedure contain sufficient
safeguards to prevent arbitrary decisions (see Podkolzina v. Latvia,
no. 46726/99, § 35, ECHR 2002-II). Although originally stated in
connection with the conditions on eligibility to stand for election, the
principle requiring prevention of arbitrariness is equally relevant in other
situations where the effectiveness of individual electoral rights is at stake
(see, mutatis mutandis, Kovach v. Ukraine, no. 39424/02, § 55,
ECHR 2008-...).
73. Lastly, the Court has also had an occasion to emphasise that it is
important for the authorities in charge of electoral administration to function
in a transparent manner and to maintain impartiality and independence from
political manipulation (see The Georgian Labour Party v. Georgia,
no. 9103/04, § 101, 8 July 2008).
74. In the present case, the Court will first have regard to the
Government's argument that the difference in the official vote totals
received by Z.O. and the applicant was so significant that, even if the
applicant's allegations concerning some election irregularities in various
polling stations were true, it would not affect the ultimate result of the
election. The Court cannot accept this argument. In order to arrive at the
conclusion proposed by the Government, it is first necessary to separately
assess the seriousness and magnitude of the alleged election irregularity
prior to determining its effect on the overall outcome of the election.
However, in the present case, the question whether this has been done in a
diligent manner is a major point of contention between the parties in the
context of the present complaint and, therefore, cannot escape the Court's
review.
75. Moreover, in any event, what is at stake in the present case is not the
applicant's right to win the election in his constituency, but his right to stand
freely and effectively for it (compare The Georgian Labour Party, cited
above, § 121). The applicant was entitled under Article 3 of Protocol No. 1
to stand for election in fair and democratic conditions, regardless of whether
ultimately he won or lost. In the present case, Article 3 of Protocol No. 1
requires the Court not to ascertain merely that the election outcome as such
was not prejudiced, but to verify that the applicant's individual right to stand
for election was not deprived of its effectiveness and that its essence had not
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents