Part II
Status of compatibility of Central Election Commission’s
acts of statutory nature with Electoral Code
According to the requirements of Article 25.3 of the Electoral Code of the
Republic of Azerbaijan, within its authority, the Central Election
Commission (CEC) shall adopt and publish regulations and methodical
instructions regarding implementation of the Electoral Code. Given these
duty, the Central Election Commission of the Republic of Azerbaijan has
approved (December 09, 2011, Decision 15/50) “Rules for development and
passage of acts of statutory nature by the Central Election Commission of
the Republic of Azerbaijan” with the purpose of implementation of the
Order of the President of the Republic of Azerbaijan “On Implementation of
the Constitutional Law of the Republic of Azerbaijan On Normative Legal
Acts” ((#384, February 16, 2011. Section 3). These rules define the rules for
development and passage of acts of statutory nature (hereafter referred to as
Commission’s Acts) of the Central Election Commission of the Republic of
Azerbaijan (hereafter referred to as Commission).
According to the Rules:
•
Commission’s acts are official documents passed by the
Commission that establish obligatory code of conduct for limited
scope of persons and they are considered for multiple use.
•
In conformity with Article 4.1.2 of the Constitutional Law of
the Republic of Azerbaijan “On Normative Legal Acts” (hereafter
referred to as Constitutional Law), the Commission’s acts shall be
passed in the form of decisions, instructions and explanations.
•
In conformity with Article 4.3 of the Constitutional Law, The
Commission’s acts shall be adopted on the basis of a normative legal
act and shall refer to its relevant norm.
•
In conformity with Article 4.4 of the Constitutional Law, the
Commission’s acts cannot contradict the normative legal acts of the
Republic of Azerbaijan.
•
The Commission’s acts are developed in conformity with the
requirements of Article 50 of the Constitutional Law and of
Electoral Code of the Republic of Azerbaijan.
But after the passage of abovementioned rules, during the monitoring of
Commission’s approved acts it was found out that there is a serious
140
incompatibility between these acts and the requirements of the Electoral
Code, which is the main normative legal act regarding the elections. It
means requirements of the Constitutional Law “On Normative Legal Acts”
as well as of the abovementioned rules have been seriously violated. To see
the incompatibilities in detail it is necessary to look at the following CEC
Instructions separately:
1. Completion of protocol of election commission
A)
Second sentence in paragraph 1.1.3
(1.1.3. It is prohibited to complete the
protocol by pencil and make any corrections on it. Initially, a draft copy of the protocol
shall be completed due to the prohibition of making corrections on the official protocol.)
of
the “Comment on the Rule for completing protocol of the Precinct Election
Commission on the voting results in the Elections to the Milli Majlis of the
Republic of Azerbaijan” approved by decision 10/89 in May 25 2015, as
well as the sentence “Since making corrections to the protocol is not
allowed, it is appropriate to complete draft protocol first” stated in
Appendix 1 to this Comment should be removed as Article 100 of the
Electoral Code specifically and clearly establishes the forms of the protocol.
...
(Article 100. Voting protocols of election commissions
100.3. The protocols shall be produced in the form of a booklet, which consists of 3
carbonized copies (each copy of different color).
100.4. Corresponding to rules identified by the Central Election Commission, each
protocol shall be enumerated in succession, and their serial numbers shall be indicated
appropriate to the number of election constituencies (except for protocols of the Central
Election Commission).
...
100.11. Copies of the election protocols shall be produced at the same time as the election
protocols, and provided to election commissions. Every single commission shall be
provided with 30 copies of the protocol. No serial and batch numbers shall be printed on
copies of the protocols, but shall be indicated in writing when filling in the corresponding
copy of the protocol. Copies of protocols and other documents of election commissions
submitted to the persons mentioned in Articles 40.2 and 40.4 of this Code shall be certified
by the chairperson or secretary of an election commission upon their request. In this case,
the person shall write the words “Matches the original” on the copy of the document to be
certified, sign it (indicating the serial and batch numbers), approve it with the
commission’s stamp, and indicate the date of approval. The persons specified by Articles
40.2 and 40.4 of this Code may obtain one certified copy of the protocol without free of
charge, and an additional copy by paying the fee determined by the Central Election
Commission,
taking
into
account
Article
42.2.9
of
this
Code.
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100.12. Protocols shall be completed by members of the election commission with decisive
voting rights, and be signed by at least two thirds of the election commission members with
decisive voting rights. Any member of the election commission with decisive voting rights
who disagrees with the whole protocol or various parts thereof, shall enclose his/her
special opinion to the protocol and relevant notes shall be made in the protocol in this
regard. The persons specified by articles 40.2 and 40.4 of this Code may observe the
procedures of completion of protocols. It is prohibited to complete the protocol by pencil or
to make any corrections on it.)
According to the requirements of this Article, the protocol shall be produced
in the form of a booklet which consists of 3 carbonized copies. The Article
also mentions an expression `copy of the protocol`, which is completed
based on the data written on carbonized protocol and is for submitting it to
the observers present at the polling station etc. The term `Draft Copy`
mentioned in the Comment is not found in the legislation and this reference
in the Comment initiates a new norm. But the CEC cannot establish a new
procedural norm by exceeding its authorities.
The paragraph and sentence mentioned in the Comment contradict the
requirement of Article 106 of the Electoral Code.
Article 106. Vote Counting in Polling Station
106.1. When voting ends, the Precinct Election Commission chairperson shall announce
loudly that: “only the voters who have already received ballot papers and those in the
polling station may vote.” In this case, voting of only the voters in line in the polling station
prior to the announcement shall be ensured. Before opening the ballot box, Precinct
Election Commission members shall count and cancel unused ballot papers in the presence
of observers in the polling station. The number of unused ballot papers shall be announced
and recorded in the final protocol of voting results. The number of signatures of voters who
have received ballot papers and envelopes shall be recorded in the final protocol on results
of voting. At the same time, the number of voters voting with a de-registration card and
those voting outside the voting room using mobile boxes, shall be recorded in the final
protocol. Then, the Precinct Election Commission chairperson shall examine the stamps
and seals of the ballot boxes, show them to the Precinct Election Commission members and
observers, and open the ballot boxes.
106.2. Ballot boxes shall be opened one by one: first the mobile ballot box, then the
immovable ballot box. Ballot papers in the mobile ballot box shall be counted first. Their
number should not exceed the number of requests. When counting ballots from the mobile
ballot box, if the total number of ballot papers is more than the number of requests (total
number of voters who were issued ballot papers), then all votes in the mobile ballot box
shall be considered invalid by decision of the Precinct Election Commission. An act on this,
which includes a list of the surnames of the commission members that accompanied the
mobile ballot box, shall be attached to the final protocol. The number of voters who have
voted with a voting card shall be added to the number of voters who appear on the Voter
List of the precinct.
106.3 (Removed)
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106.4 If there are doubts on the validity of a vote, the Precinct Election Commission shall
vote to determine if the vote is considered valid. If a decision is made to consider the vote
invalid, the reasons for the decision shall be recorded on the reverse side of the ballot
paper. Such a record should be approved by the signatures of the chairperson and
secretary of the Precinct Election Commission. Invalid votes shall be packed separately.
106.5. Counting of votes by the Precinct Election Commission chairperson, with
participation of Precinct Election Commission members, shall continue without break until
the count is finished. During this period, every used ballot shall be stamped. All Precinct
Election Commission members and observers shall be informed of the results of voting.
106.6. The final protocols on voting results shall be completed in the presence of the
persons specified in Articles 40.2 and 40.4 of this Code.
106.7. The First copy of the protocol, together with the following documents shall be sent
immediately, but not later than 24 hours after Voting Day, to the Constituency Election
Commission, accompanied by the chairperson of the Precinct Election Commission, two
members representing different political parties and observers: complaints (applications)
about violations of this law received by the Precinct Election Commission and decisions
made by the Precinct Election Commission with respect to these complaints and
applications, an act on receipt of ballot papers by the Precinct Election Commission, an act
on cancelling the unused ballot papers, indicating the number of such ballots, an act on
issuing voting cards and on cancelling unused voting cards, recording their number; an act
on the number of torn off left corners of the ballot papers; an act on the number of spoiled
ballot papers mentioned in the Article 104.15 of this Code, along with the act provided for
in Article 105.3 of this Code, the ballots and the voter list for the precinct, together with
voting cards attached. All documents mentioned above should be signed by the chairperson
and secretaries of the Precinct Election Commission. Verified copies of complaints
(applications), decisions of Precinct Election Commissions and acts mentioned above, shall
be attached to the 2nd copy of the protocol.
106.8. The second copy of the protocol, the torn off left corners of ballot papers, the torn
off pieces of spoiled ballot papers with the list of persons mentioned in Article 40.2 and
40.4 of this Code who observed the voting and vote count shall be kept by the secretary of
the Precinct Election Commission until the commission has finished its activities.
106.9. The Precinct Election Commissions established outside of the Republic of
Azerbaijan shall send the first copy of the protocol on voting results together with the
attached documents to the Constituency Election Commission determined by the Central
Election Commission within 3 days of Election Day.
106.10. The Constituency or Precinct Election Commission shall consider voting ineffective
if legal violations that occurred during the conduct of elections (referendum), or the course
of determining election results, do not allow for identifying the voters’ will; or if there is a
court decision.
106.11 After being compiled, the 3rd copy of the protocol of the Precinct Election
Commission shall be posted on the notice board, and kept there for 5 days.
Subject lines 1-6 of the protocol shall be completed prior the ballot box is
open, the subject lines 7-10 shall be filled out after the ballot box is open.
This requirement is broken when the draft protocol is completed first and
the main protocol later. In case of inconsistence between 1-6 and 7-10 it is
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very easy to correct the draft version of the protocol, but it is impossible to
correct the main one. In such case, the commission member can make
corrections in the draft protocol and change the data accordingly, then
complete the main protocol. It means the commission member is created a
convenient condition to change/interfere the voting results which is
unacceptable. In this circumstances, the precinct election commission will
have the opportunity to legalize falsified results easily.
The last sentence of Article 2.3 of the Comment – 2.3. ... The PEC member
who does not agree with the protocol in whole or various parts thereof shall
enclose his/her special opinion to the protocol upon signing it and shall
make relevant notes in the protocol in this regard. –
contradicts the
requirements of Article 100.12 of the Electoral Code. It is the election
commission member’s right to sign or not to sign the protocol, or to write a
special opinion. Signing the protocol by the commission member for the
reason of enclosing his/her opinion to it cannot be assigned as a mandatory
requirement. As it is established by the Electoral Code, the protocol shall be
signed by the members who voted for the decision. Those who voted against
the decision have the right not to sign the protocol and to enclose his/her
opinion. Obstructing this right is unacceptable.
The `Note` after the paragraph 3.3. (
Note: If any mistake was committed
due to carelessness during compiling the protocol, (inclusion of false
information, erasing and other), the relevant PEC shall make this case
official by its decision, compile a relevant act on this and submit the
protocol together with this act to the Con.EC within the period implied by
law
.) of the Comment should also be removed. It is inconsistent with Article
106 and 107.6 (
107.6. Should the Constituency Election Commission
discover mistakes or inadmissible corrections and inconsistencies in the
protocol (including other documents attached thereto) of a Precinct Election
Commission, the Constituency Election Commission may adopt a decision
on the recount of votes in the relevant election precinct. In this case, the
recount of votes shall be undertaken by the members of the Constituency
Election Commission with decisive voting rights. The relevant Precinct
Election Commission and the persons indicated in Articles 40.2 and 40.4 of
this Code shall be notified in on the recount of votes. A protocol shall be
compiled on recount of votes and the words “recount of votes” shall be
recorded on it
.) of the Electoral Code. Moreover, having this note written in
this document will establish conditions for the chairperson of the
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commission to manipulate legal results of elections by covering a serious
violation under the pretext of carelessness.
The abovementioned inconsistence in the Comment should be rectified,
requirements of the Electoral Code and the recommendations of the
international institutions should be fulfilled.
B) The second sentence of paragraph 1.1.3
(It is prohibited to complete the
protocol by pencil and make any corrections on it)
of the “COMMENT on
the rule for completing protocol of the Constituency Election Commission
on the voting results in the Elections to the Milli Majlis of the Republic of
Azerbaijan” approved by Decision #10/90 of the Central Election
Commission of the Republic of Azerbaijan in May 25, 2015 and a note in
the Annex 1 to this Comment “
Initially, a draft copy of the protocol shall be
compiled due to the prohibition of making corrections on the official
protocol
.” should be removed. It is the identical situation as in the case of
“Comment” on completion of PEC protocols, stated above in Section 1.
Additionally, the last sentence in paragraph 2.4. (
Final protocol on the
voting results shall be signed by at least two thirds of the Con.EC members
with decisive voting rights. The commission members are prohibited to sign
incomplete or not fully completed protocols. The Con.EC member who does
not agree with the protocol in whole or various parts thereof shall enclose
their special opinion to the protocol upon signing it and shall make relevant
notes in the protocol in this regard.
) of the ‘Comment’ contradicts the
requirements of Article 100.12 of the Electoral Code. It is the election
commission member’s right to sign or not to sign the protocol, or to enclose
a special opinion. Signing the protocol by the commission member just for
enclosing his/her opinion to it cannot be assigned as a mandatory
requirement. As it is established by the Electoral Code, the protocol shall be
signed by the members who voted for the decision. Those who voted against
the decision have the right not to sign the protocol and to enclose his/her
opinion. Obstructing this right is unacceptable.
`Note 1` under the paragraph 3.3. (
Note: 1. If any mistake was committed due to
carelessness during compiling the protocol of the PEC, (inclusion of false information,
erasing and other) and if consequently it became impossible to define the voters’ will, then
after receiving the protocol, the relevant Con.EC shall adopt a decision on re-count of
votes in this precinct. Re-counting of votes shall be conducted by the Con.EC members with
decisive voting rights, they shall compile and sign a protocol on the voting results on this
polling station, it shall also be sealed by the Con.EC stamp and this protocol should
contain the words “re-count of votes”. This protocol shall also be attached the PEC
protocol. The final Con.EC protocol shall include the information in the protocol on this
precinct compiled by the Con.EC
)
of the “Comment” and `Note 2` (
Note: 2. If any
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mistake was committed due to carelessness during compiling the protocol of the Con.EC,
(inclusion of false information, erasing and other), then the Con.EC shall make this case
official by its decision, shall compile a relevant act on this and submit the protocol together
with this act to the Central Election Commission within the period implied by law
)
should
also be removed. They are also contradicting Articles 107.6 and 108.4
(
108.4. Should the Central Election Commission, within at the latest 4 days
after Voting Day, discover mistakes or inadmissible corrections and
inconsistencies in the protocols
(including other documents attached thereto)
submitted by the Constituency Election Commissions, the Central Election Commission
may adopt a decision on the recount of votes in the relevant election constituency. In this
case, the recount of votes shall be undertaken in the presence of the members of the Central
Election Commission with decisive voting rights. The persons indicated in Articles 40.2 and
40.4 of this Code shall be notified in advance of the recount of votes. A protocol shall be
compiled on the recount of votes and the words “recount of votes” be recorded on it.
)
of
the Electoral Code. Moreover, having this note written in this document will
establish conditions for the chairperson of the commission to manipulate
legal results of elections by covering a serious violation under the pretext of
carelessness.
The abovementioned inconsistence in the
“Comment” should be rectified,
requirements of the Electoral Code and the recommendations of the
international institutions should be fulfilled.
2. Exit Poll
Paragraphs 1.3, 2.1, 2.3 and 2.2.2 of the “Rules for the Accreditation of the
Organizations Conducting “Exit-Poll” in Elections of the Republic Of
Azerbaijan” approved by Decision # 5/32 of the Central Election
Commission of the Republic of Azerbaijan in June 05, 2013 contradict the
legislation and limit the rights of NGOs.
1. Requirements for the persons intending to hol
d “exit-poll”
…
1.3. Influential legal entities with relevant practice and professionalism in this field can
participate as an organization conducting “exit-poll”. When conducting elections non-
governmental organizations and foreign legal entities can participate in “exit-poll” related
activities pursuant to Article 2.4 of Law of the Republic of Azerbaijan “On non-
governmental organizations (public unions and foundations)”, as well as pursuant to
election legislation of the Republic of Azerbaijan. The persons involved in the conduct of
“exit-poll” in the name of these organizations, mainly, shall be specialists on electoral law
and election system or the persons having certain practice in this field.
2. Requirements for accreditation
of “exit-poll”
2.1. “The organizations intending to conduct “exit-poll” shall submit written application
on accreditation to the CEC at least 20 days prior to the voting day.
…
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2.2.2. Written information on the rules, methods, resources to be used when conducting
“exit-poll” by the organization (the number of the persons conducting “exit-poll”,
financial-technical aids considered for using when conducting “exit-poll” and so on).
2.3. CEC shall consider each written appeal, investigate the documents submitted together
with the appeal and adopt grounded decision on accreditation or refusal from accreditation
of the relevant organization within 10 days since the day of its receipt.
Following are the reasons:
1)
Requirements of the Rules on: organizations conducting “exit-polls”
be specialists in “exit-poll” or be experienced in this field; rules,
methods, resources to be used when conducting “exit-poll” (the
number of persons conducting “exit-poll”, financial-technical aids
considered for using when conducting “exit-poll” etc.); persons
involved in conduct of “exit-poll” be specialists on electoral law and
election system or have certain practice in this field - are strict for
conducting “exit-poll” and they limit the rights of legal entities and
non-governmental organizations willing to conduct such polls. This
rule, by requiring the right for “exit-poll” activities be licensed
violates the right for ‘equality of all people under the law’ identified
in Article 25 of the Constitution. Consequently, these “Rules” give
the
permission
to
conduct
“exit-poll”
only to
experienced
organizations and prohibits those who are willing to conduct it for
the first time.
2)
This requirement also limits the suffrage identified by Article 56 of
the Constitution and this limitation contradicts Article 71 of the
Constitution. According to Part II of Article 71 of the Constitution,
no one can restrict exercising human and civil rights and freedoms.
In this case, the suffrage is limited by the abovementioned norms of
these “Rules” approved by the Central Election Commission. At the
same time, the abovementioned norms identified by the “Rules”
establish new rules for exercising the suffrage which is against the
legislation. So, according to Article 94 Part I paragraph 1 of the
Constitution of the Republic of Azerbaijan, exercising human rights
and freedoms, state guarantee for these rights and freedoms are a
part of the general rules established by the Milli Majlis of the
Republic of Azerbaijan. It means, issues of this nature are under the
responsibilities of the Milli Majlis of the Republic of Azerbaijan and
they are determined by the law. In such circumstances, these rules
(regulations) are not considered either in the Electoral Code,
including
Article
25.1.23
of
the
Electoral
Code
regarding
147
accreditation of “exit-poll” organizations by the CEC, or in Article
2.4 of the law “On Non-Governmental Organizations (Public Unions
and Foundations)” which establishes conduct of “exit-poll”, or in
any other legislative acts. Thus, according to Article 94 of the
Constitution of the Republic of Azerbaijan, the norms (regulations)
to be determined by the Milli Majlis of the Republic of Azerbaijan
cannot be established by these “Rules” approved by the Central
Election Commission.
3)
Provisions identified by 2.1 and 2.3 are strict as well. In fact, “exit-
poll” is also of a observation nature. Accordingly, having the
requirements for the accreditation of “exit-poll” organizations
harsher than the requirements for registration of local observers
contradicts the requirements of legislation.
All the norms regarding conduct of
“exit-poll” should be removed from
the Electoral Code.
“Exit-poll” should be conducted freely by any
organization within the territory of any constituency or precinct. Since
this is a kind of public control over the election process, it is not necessary
to get permission from the CEC for that.
3. Handling electoral complaints by the election commissions
Paragraphs 5.2, 5.8 of the “Instructions on rules for submission and
processing of complaints and appeals on the violation of election rights filed
to the Central Election Commission of the Republic of Azerbaijan and
Constituency Election Commissions”, approved by Decision 11/53-2 in
August 12, 2008 of Central Election Commission of the Republic of
Azerbaijan, amended by by Decision 15/58-6 in July 23, 2010, by Decision
5/16 in October 19, 2012, by Decision 6/60 in June 18, 2013 contradict the
requirements of legislation.
While:
a)
According to the “Instructions”, the expert group investigating the
election complaints shall be comprised of the members of election
commission and employees of the secretariat of election commission.
(5.2. During the appointment of an expert group member professionalism, ability to
conduct factual and legal analyses, professional experience in the field of elections and
existence of high public confidence in the impartiality of his/her activity shall be
considered. Election secretariat staff who met the above requirements, as well as, non-
lawyer commission members shall be included in the group. Commission members who are
148
lawyers by profession may also be included in the expert groups. If a commission
secretariat staff is included in the expert group, and given that this person is involved in the
conduct of an investigation, in that case, he/she shall not be assigned for any other task of
the secretariat.)
However, the Electoral Code
(112-1.1. In order to investigate complaints on actions
(lack of actions) and decisions that violate citizens’ election rights relevant expert groups
shall be created at the Central Election Commission composed of 9 members, and at the
Constituency Election Commission composed of 3 members. Commissions’ lawyer
members may be included in the composition of these groups. Rules for establishing expert
groups shall be determined by the Central Election Commission.)
establishes the
representation of election commission members in the expert group as non-
mandatory. But the “Instructions” identify it as an imperative rule and keep
the expert group under the monopoly of the commission which is
inadmissible. Composition of expert groups under this requirement puts
their activities under the control of relevant election commission,
particularly under the control of the chairperson of election commission.
This is how the expert groups are not independent during the investigation
of the complaint and they cannot demonstrate unbiased position.
b)
As it is stated in paragraphs 5.5 and 5.9 of the “Instructions”,
involvement of the secretary
(5.8. After the creation of an expert group, the secretary of a respective election
commission shall also function as a coordinator of this group. Coordinator is not
included in the expert group and through assisting the group in its work; he/she
pays attention to that it functions according to the law. If a secretary of a relevant
election commission is unable to perform the duties of a coordinator because of a
substantiated reason, in that case, these duties shall be carried out by one of the
experts upon the request of the secretary. 5.9. Expert group coordinator shall
perform the following duties:
5.9.1. To obtain regular information on the distribution of work load between
the
expert group members;
5.9.2. To obtain regular information on the status, time period, and other issues
related to the complaint processing on the basis of distribution of work distribution
between the expert group members;
5.9.3. Upon the request of an expert who is dealing with the case or on his own
initiative, assign other group members to this investigation process, if there is a need for
the involvement of additional experts for the consideration of a specific complaint;
5.9.4. To convene an expert group meeting if necessary and discuss the status
of
complaint processing;
5.9.5. To undertake necessary organizational and other measures to ensure
efficient function of the expert group;
5.9.6. To ensure the preparation of expert recommendations and commission draft
decisions
in
compliance
with
the
legislation;
149
5.9.7. To discuss with the commission chairpersons the schedules for hearing of
specific and/or collective complaints at the commission sessions according to the
investigation deadlines.),
of the commission as a Coordinator of the expert group and his/her control
over
the activities of the group put the independence of the group under a
serious doubt. Also, the requirement of the Electoral Code `Rules for
establishing expert groups shall be determined by the Central Election
Commission` does not give a ground to take the independence of the
institution or individuals under control whose independence is one of the
important
component of fair, unbiased and
detailed investigation
while handling the election related complaint. Selection of a coordinator
among the group members themselves would be more appropriate and
reasonable.
c)
Another contradictory moment which provides an absurd situation is
that apart from the authorities of the expert group members to
prepare an opinion about the results of investigation set forth in the
Electoral Code, this “Instruction” authorizes the expert to submit a
draft decision regarding the investigated complaint to the election
commission, while the Electoral Code does not identify such
authorities.
(The Instruction:
6.
Authorities of the expert group members
...
6.1.7. To submit recommendation and draft decisions along with the investigation materials
to the relevant election commission.
...
7.11. Expert recommendation is made and prepared with the agreement of the Coordinator
and announced or published (also posted on the web site with the exclusion of
recommendations made by the Con.EC expert groups) within the next 18 hours and
delivered or sent to the complainant. Besides making a recommendation on the investigated
complaint, the expert group member shall also prepare the draft decision of the Con.EC
regarding this complaint. Draft decision shall be factually and legally substantiated,
approved by the expert group Coordinator and subsequently the case regarding the
complaint shall be included by the election commission chairperson in the commission’s
session agenda. Recommendation and draft decision shall also be delivered to the
commission members before the relevant session within the time periods specified in
Articles 19.8 and 19.14 of the Election Code. After the conclusion and publication of the
expert recommendation, it must be discussed at the election commission session under the
rules specified in the item 9 of this Instruction.)
(The Electoral Code:
Article 112-1. Investigation of Complaints on Violation of Citizen
s’ Election Rights.
150
...
112-1.4. Once the complaint is registered the expert group will have the following
responsibilities: to issue an opinion on the complaint to the relevant election commission
together with the investigation documents;
112-1.4.1. to issue an opinion on the complaint to the relevant election commission
together with the investigation documents;
...
112-1.6. The expert group within the Central Election Commission must follow the below
mentioned rules along with Article 112-1.5 of this Code: 112-1.6.1. Make recommendations
for a relevant decision by the Central Election Commission following the Articles 60.6,
68.5, 87.9, 88.7, 88.8, 113, 115 and 116 regarding the complaints about illegal actions of
other bodies and officials that are not related to the actions (lack of actions) or decisions of
the election commissions.)
d)
Investigation of election complaints under this method as well as
adopting decision about it will be followed by conflict of interests,
because members of the election commission in the role of members
of the expert group prepare an Opinion about the results of
investigation of a complaint and also participate in the meetings of
the election commission while making decision regarding the
Opinion.
Investigation of electoral complaints in this manner makes it considerably
difficult to handle them fairly and in conformity with the requirement of the
Electoral Code. In general, it does not provide rationale and secure means of
legal defense for protecting election rights.
-
Rules for submission and processing of electoral complaints should be
simplified, processing of complaints should be accessible to everyone
whose rights have been violated;
-
As international organizations have earlier recommended, composition
of the expert groups should be reviewed and new Groups composed of
independent lawyers capable to investigate the complaints fairly should
be created. In order to provide the investigation to be handled by a group
comprised of several experts, the related procedures should be amended.
The applicants should be invited to the investigation process by the
expert group for them to be able to submit their complaints as well as to
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