ATAKISHI v. AZERBAIJAN JUDGMENT
11
comprehensive assessment of the situation. Subsequently, upon the
examination of the ConEC request by the Court of Appeal, the applicant
was not afforded sufficient time to examine the material in the case file and
to prepare arguments in his defence, as he had been notified of the
forthcoming judicial hearing only a very short time before it began. The
Court reiterates that considerations of expediency and the necessity for tight
time-limits designed to avoid delaying the electoral process, although often
justified, may nevertheless not serve as a pretext to undermine the
effectiveness of electoral procedures (see, mutatis mutandis,
Namat Aliyev v. Azerbaijan, no. 18705/06, § 90, 8 April 2010) or to deprive
the persons concerned by those procedures of the opportunity to effectively
contest any accusations of electoral misconduct made against them
(see Orujov, cited above, § 56). In the present case, it appears that the
examination of the issue of the applicant’s disqualification took place
without reasonable advance notice, and as such caught him by surprise and
left him unprepared for the hearing. Lastly, the domestic courts failed to
take into account, and provide any reasoned response to, the applicant’s
objections and submissions made during the judicial hearings and in his
appeals.
49. The foregoing considerations are sufficient to enable the Court to
conclude that the interference with the applicant’s electoral rights fell foul
of the standards required by Article 3 of Protocol No. 1. In particular, the
applicant’s disqualification from running for election was not based on
sufficient and relevant evidence; the procedures of the electoral commission
and the domestic courts did not afford the applicant sufficient guarantees
against arbitrariness; and the domestic authorities’ decisions lacked
sufficient reasoning and were arbitrary.
50. There has accordingly been a violation of Article 3 of Protocol No. 1
to the Convention.
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
51. The applicant complained under Article 6 of the Convention that the
domestic judicial proceedings had been unfair and arbitrary. Article 6 of the
Convention provides as follows:
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”
52. The Court notes that the proceedings in question involved the
determination of the applicant’s right to stand as a candidate in the
parliamentary elections. The dispute in issue therefore concerned his
political rights and did not have any bearing on his “civil rights and
obligations” within the meaning of Article 6 § 1 of the Convention
(see Pierre-Bloch v. France, 21 October 1997, § 50, Reports 1997-VI;