Communicated on 8 September 2020
Published on 28 September 2020
FIFTH SECTION
Application no. 12563/16
Nizami Maharram oglu ALAKBAROV against Azerbaijan
and 8 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 or the repeat elections of 18 June 2016. 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 reasons, including alleged inauthenticity of supporting signatures (“signatures made by one person on behalf of several people” or “similar 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; commissions’ experts allegedly lacking necessary qualifications; 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
Applications nos. 12563/16 (Alakbarov), 12582/16 (Imanov), 12623/16 (Rahimli), 13073/16 (Fattayev), 13078/16 (Mammadli), 17282/16 (Gulami), 18391/16 (Samadov) and 77321/16 (Karimli): 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?
APPENDIX
Nos.
Application no.
Case name
Lodged on
Applicant
Date of Birth
Place of Residence
Nationality
Principal representative
1.
12563/16
Alakbarov v. Azerbaijan
23/02/2016
Nizami Maharram oglu ALAKBAROV
1958
Baku
Azerbaijani
Khalid BAGIROV
2.
12582/16
Imanov v. Azerbaijan
23/02/2016
Iman Ibish oglu IMANOV
1950
Fuzuli
Azerbaijani
Khalid BAGIROV
3.
12623/16
Rahimli v. Azerbaijan
23/02/2016
Mubariz Shamsaddin oglu RAHIMLI
1980
Baku
Azerbaijani
Khalid BAGIROV
4.
13073/16
Fattayev v. Azerbaijan
24/02/2016
Mirmahmud Mirali oglu FATTAYEV
1956
Sumgayit
Azerbaijani
Khalid BAGIROV
5.
13078/16
Mammadli v. Azerbaijan
24/02/2016
Ahad Farhad oglu MAMMADLI
1982
Baku
Azerbaijani
Khalid BAGIROV
6.
17282/16
Gulami v. Azerbaijan
24/03/2016
Tamilla Famil gizi GULAMI
1983
Baku
Azerbaijani
Khalid BAGIROV
7.
18391/16
Samadov v. Azerbaijan
25/03/2016
Parviz Habib oglu SAMADOV
1975
Baku
Azerbaijani
Khalid BAGIROV
8.
23979/16
Mehdiyev v. Azerbaijan
18/04/2016
Sarvar Abasgulu oglu MEHDIYEV
1966
Baku
Azerbaijani
Samira AGAYEVA
9.
77321/16
Karimli v. Azerbaijan
08/12/2016
Karim Galamshah oglu KARIMLI
1990
Baku
Azerbaijani
Samad RAHIMLI
Full & Egal Universal Law Academy