Communicated on 8 September 2020
Published on 28 September 2020
FIFTH SECTION
Application no. 12548/16
Rauf Ahmad oglu AGAYEV against Azerbaijan
and 16 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applicants were nominated by various political parties or self‑nominated to stand as candidates in various electoral constituencies in the parliamentary elections of 1 November 2015. Their applications for registration as candidates were refused by the relevant constituency electoral commissions owing to findings that the applicants had submitted insufficient numbers of valid voter signatures in support of their nomination. The Electoral Code required a minimum of 450 supporting voter signatures. In each case, a certain number of supporting signatures submitted by each applicant was invalidated for a number of various reasons, including alleged withdrawals of supporting signatures by large groups of voters claiming that they had been deceived as to the real purpose of collection of signatures. The applicants appealed at the domestic level first to the Central Electoral Commission, and subsequently to higher courts, raising inter alia complaints about all or some of the following: alleged arbitrariness of the refusals to register them as candidates; alleged unlawfulness of invalidation of signatures for the reasons specified by the electoral commissions; alleged interference by the authorities by unlawfully pressuring voters to withdraw their supporting signatures; and an alleged failure by the electoral commissions to abide by a number of procedural safeguards provided by the Electoral Code..
QUESTIONS TO THE PARTIES
Common questions
1. Has there been a breach of the applicants’ right under Article 3 of Protocol No. 1 to stand as candidates in free elections which ensure the free expression of the opinion of the people in the choice of the legislature? Did the procedure for determination of candidates’ eligibility contain sufficient safeguards to prevent arbitrary decisions (see Tahirov v. Azerbaijan, no. 31953/11, 11 June 2015)?
2. The parties are requested to submit copies of all documents by “working groups” and/or “expert groups” of respective constituency electoral commissions and of the Central Electoral Commission, which are not already in respective case files, concerning the results of the examination of the signature sheets submitted by the applicants (expert opinions, examination results records, examination tables, etc.).
3. The parties are requested to submit detailed factual information, accompanied where relevant by supporting documents, concerning the applicants’ and/or their electoral representatives’ presence during the process of examination of their signature sheets by those working and/or expert groups, as well as their participation at those commissions’ meetings concerning the applicants’ registration. The parties are also requested to submit information concerning the methods of composition and functioning of those working and expert groups, the manner of selection and appointment of their members, as well as information as to those members’ qualifications.
Case-specific questions
1. Application no. 13084/16 (Jafarli): Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Applications nos. 12568/16 (Mammadzada), 12606/16 (Huseynov), 13084/16 (Jafarli), 18209/16 (Zaki), 18212/16 (Abdurrazakov), 18562/16 (Bagirov), 18564/16 (Sadigov), 18568/16 (Bagirzada), 27984/16 (Hasanov) and 27991/16 (Imranova): Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3 of Protocol No. 1, as required by Article 13 of the Convention?
3. Application no. 12552/16 (Najafli): In addition to the other documents requested above, the parties are requested to submit a copy of the constituency electoral commission’s decision of 25 September 2015.
4. Application no. 21007/16 (Jangirov): In addition to the other documents requested above, the parties are requested to submit a copy of the constituency electoral commission’s decision of 8 October 2015.
APPENDIX
Nos.
Application no.
Case name
Lodged on
Applicant
Date of Birth
Place of Residence
Nationality
Principal representative
1.
12548/16
Agayev v. Azerbaijan
23/02/2016
Rauf Ahmad oglu AGAYEV
1962
Khirdalan
Azerbaijani
Nemat KARIMLI
2.
12552/16
Najafli v. Azerbaijan
23/02/2016
Rashid Mikayil oglu NAJAFLI
1956
Agjabadi
Azerbaijani
Nemat KARIMLI
3.
12558/16
Mehti v. Azerbaijan
23/02/2016
Yusif Hajeyib oglu MEHTI
1952
Bilasuvar
Azerbaijani
Nemat KARIMLI
4.
12568/16
Mammadzada v. Azerbaijan
23/02/2016
Shohrat Asad oglu MAMMADZADA
1972
Gazakh
Azerbaijani
Khalid BAGIROV
5.
12606/16
Huseynov v. Azerbaijan
23/02/2016
Akif Isa oglu HUSEYNOV
1955
Ganja
Azerbaijani
Khalid BAGIROV
6.
12629/16
Yagublu v. Azerbaijan
22/02/2016
Nasiman Gara oglu YAGUBLU
Baku
Azerbaijani
Nemat KARIMLI
7.
12634/16
Gafarli v. Azerbaijan
22/02/2016
Nadir Azim oglu GAFARLI
1948
Shabran
Azerbaijani
Nemat KARIMLI
8.
12645/16
Karimli v. Azerbaijan
23/02/2016
Ragif Mahi oglu KARIMLI
1951
Baku
Azerbaijani
Nemat KARIMLI
9.
13084/16
Jafarli v. Azerbaijan
24/02/2016
Fikrat Novruz oglu JAFARLI
1968
Baki
Azerbaijani
Khalid BAGIROV
10.
18209/16
Zaki v. Azerbaijan
25/03/2016
Mirzakulla Mirovla oglu ZAKI
1956
Bilasuvar
Azerbaijani
Khalid BAGIROV
11.
18212/16
Abdurrazakov v. Azerbaijan
25/03/2016
Nizami Yagub oglu ABDURRAZAKOV
1961
Oguz
Azerbaijani
Khalid BAGIROV
12.
18562/16
Bagirov v. Azerbaijan
24/03/2016
Khalid Zakir oglu BAGIROV
1976
Baku
Azerbaijani
N/A
13.
18564/16
Sadigov v. Azerbaijan
25/03/2016
Giyas Boyukaga oglu SADIGOV
1960
Baku
Azerbaijani
Khalid BAGIROV
14.
18568/16
Bagirzada v. Azerbaijan
25/03/2016
Aynur Gafar gizi BAGIRZADA
1976
Baku
Azerbaijani
Khalid BAGIROV
15.
21007/16
Jangirov v. Azerbaijan
11/04/2016
Khaliddin Baloglan oglu JANGIROV
1971
Baku
Azerbaijani
Samira AGAYEVA
16.
27984/16
Hasanov v. Azerbaijan
30/04/2016
Ulvi Fakhraddin oglu HASANOV
1987
Ganja
Azerbaijani
Javad JAVADOV
17.
27991/16
Imranova v. Azerbaijan
05/05/2016
Aytakin Kapitan gizi IMRANOVA
1957
Baku
Azerbaijani
Khalid BAGIROV
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