10
ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
belatedly given copies of only some of those documents. Therefore, he was
also deprived of the opportunity to correct any shortcomings found by the
working group experts in the signature sheets.
48. Most importantly, in the applicant’s view, the decisions of the
electoral commissions on invalidation of signatures were substantively
incorrect, unsubstantiated or arbitrary, for various reasons. Some of the
working groups’ factual findings were wrong and could be easily rebutted
by simply contacting the voter in question and confirming the authenticity
of his or her signature. In particular, it was not clear how the commissions
and their experts concluded that a number of signatures (201 according to
the ConEC, and 233 according to the CEC) had been falsified. There were
no specialised handwriting experts among the working-group members and,
therefore, their findings that large numbers of signatures were inauthentic
were highly subjective and arbitrary. However, the electoral commissions
relied on the working-group expert opinions without conducting any further
investigation to conclusively establish the authenticity of the impugned
signatures. Moreover, a number of signatures were declared invalid on the
basis of easily rectifiable errors, without informing the applicant in advance
and giving him an opportunity to rectify those errors, as required by the
Electoral Code. The invalidation by the ConEC of 33 signatures on “other
grounds”, without explaining what those grounds were, was unlawful
because the Electoral Code provided for an exhaustive list of grounds for
invalidation.
49. The applicant further noted that in his appeal to the CEC he had tried
to prove the authenticity of a number of signatures by submitting statements
by over 400 voters confirming the authenticity of their signatures. Had this
information been taken into account and the authenticity of the signatures
confirmed, the total number of valid signatures would have exceeded the
statutory threshold of 450 signatures. However, the CEC ignored those
documents without giving any reasons.
2. The Court’s assessment
50. The Court refers to the summaries of its case-law made in the
Tahirov judgment (cited above, §§ 53-57), which are equally pertinent to
the present case.
51. For the purposes of the present complaint, the Court is prepared to
accept the Government’s submission that the requirement for collecting 450
supporting signatures for nomination as a candidate pursued a legitimate
aim of reducing the number of fringe candidates.
52. It remains to be seen whether, in the present case, the procedure for
monitoring compliance with this eligibility condition was conducted in a
manner affording sufficient safeguards against an arbitrary decision.
53. Having regard to the material in the case file and the parties’
submissions, the Court notes that the issues raised by the present complaint