8
ATAKISHI v. AZERBAIJAN JUDGMENT
arbitrary (see Mathieu-Mohin and Clerfayt v. Belgium, 2 March 1987, § 52,
Series A no. 113; Gitonas and Others v. Greece, 1 July 1997, § 39, Reports
of Judgments and Decisions 1997-IV; and Yumak and Sadak v. Turkey
[GC], no. 10226/03, § 109 (iii), 8 July 2008).
38. The Court notes that in the present case the applicant was
disqualified as a candidate in accordance with Articles 88.1, 88.2, 88.4 and
113 of the Electoral Code, which provide for the possibility of
disqualification of candidates who resort to unfair and illegal means of
conducting an electoral campaign and gaining voter support. Given that
Article 3 of Protocol No. 1 does not contain a list of “legitimate aims”
capable of justifying restrictions on the exercise of the rights it guarantees
and does not refer to those enumerated in Articles 8 to 11 of the
Convention, the Contracting States are free to rely on an aim not mentioned
in those Articles, provided that it is compatible with the principle of the rule
of law and the general objectives of the Convention (see, for example,
Ždanoka v. Latvia [GC], no. 58278/00, § 115, ECHR 2006-IV). The Court
accepts the Government’s argument that the conditions set out in the
above-mentioned provisions of the Electoral Code pursued the legitimate
aim of ensuring equal and fair conditions for all candidates in the electoral
campaign and ensuring that the elections were held in accordance with
democratic standards.
39. It remains to be determined whether there was arbitrariness or a lack
of proportionality in the authorities’ decisions.
40. The Court reiterates that its competence to verify compliance with
domestic law is limited and that it is not its task to take the place of the
domestic courts in such matters as assessment of evidence or interpretation
of the domestic law. Nevertheless, for the purpose of supervision of the
compatibility of an interference with the requirements of Article 3 of
Protocol No. 1, the Court must scrutinise the relevant domestic procedures
and decisions in detail in order to determine whether sufficient safeguards
against arbitrariness were afforded to the applicant and whether the relevant
decisions were sufficiently reasoned (see, mutatis mutandis,
Melnychenko v. Ukraine, no. 17707/02, § 60, ECHR 2004-X).
41. Furthermore, the Court notes that a finding that a candidate has
engaged in unfair or illegal campaigning methods could entail serious
consequences for the candidate concerned, in that he or she could be
disqualified from running for the election. As the Convention guarantees the
effective exercise of individual electoral rights, the Court considers that, in
order to prevent arbitrary disqualification of candidates, the relevant
domestic procedures should contain sufficient safeguards protecting the
candidates from abusive and unsubstantiated allegations of electoral
misconduct, and that decisions on disqualification should be based on
sound, relevant and sufficient proof of such misconduct (see Orujov, cited
above, § 46).