KERIMOVA v. AZERBAIJAN JUDGMENT
7
Opposition candidates appealed the CEC's invalidation of results in constituencies 9,
42 and 110. The Court of Appeal upheld the three CEC decisions without any
investigation or review of the primary documents and evidence, such as the PEC
protocols. In constituency 9, the appellant petitioned the Court of Appeal to examine
the protocols, which had been forwarded to the Prosecutor General's office by the
CEC. This petition was denied. In constituency 42, the appellant made an identical
request and the court again denied the petition, ruling that it was impossible to obtain
the protocols from the Prosecutor General within the legal deadline. The CEC was not
able to explain or give any information as to any specific defect in an invalidated
protocol or offer any explanation as to what change to a protocol was sufficient for
invalidation. ...
Proceedings in the Supreme Court did not correct the shortcomings noted above.
The Supreme Court upheld each CEC decision.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO
THE CONVENTION
31. Relying on Article 3 of Protocol No. 1 to the Convention and
Article 13 of the Convention, the applicant complained that the invalidation
of election results in her constituency had been arbitrary and unlawful and
had infringed her electoral rights as the rightful winner of the election. She
argued that the process of invalidation had lacked transparency and
sufficient safeguards against arbitrariness, and that the decisions of the
electoral commissions and domestic courts lacked any factual basis and
were contrary to a number of requirements of the domestic electoral law.
32. The Court considers that this complaint falls to be examined only
under Article 3 of Protocol No. 1 to the Convention and that no separate
examination is necessary under Article 13. Article 3 of Protocol No. 1 reads
as follows:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
A. Admissibility
33. The Court notes that this complaint is not manifestly ill-founded
within the meaning of Article 35 § 3 of the Convention. It further notes that
it is not inadmissible on any other grounds. It must therefore be declared
admissible.