The Central Election Commission conducted its next session under the chairmanship of Mr.Mazahir Panahov on October 16, 2013

16 october 2013 20:07

The Central Election Commission conducted its next session under the chairmanship of Mr.Mazahir Panahov on October 16, 2013.

Firstly, the session minute dated 13 October 2013 was approved by the Commission.

Later, the Central Election Commission considered the received appeals. It was informed that one of the appeals had been filed by Mustafa Hajili, authorized representative of Jamil Hasanli, candidate of "National Council of Democratic Forces” voters’ initiative group. The applicant requested to adopt a new decision by canceling the relevant decision of the election constituency which did not implement the complaint on this case despite the legislation requirements had not been abided by during the compile of the protocols on the voting day in none of the polling stations of Khatai first Con.EC # 33.

It was stated at the CEC session that it was determined through detailed, fair and impartial investigation of the appeal that as the claims on the compile of the protocols of the polling stations on this constituency by offending the legislation requirements were of a general nature and had not been justified, the appeal shall not be implemented by being regarded groundless. So that, the only act submitted as an evidence by Mustafa Hajili, complainer who had participated in the investigation process and signed on behalf of a member with decisive right Zarifa Yusif gixi Gulamova concerned the cases claimed to have happened in all the polling stations. As it is not easy to make sense of the presence of two people in 35 polling stations at the same time and recording this or another law violation officially, it is impossible to adopt this act as a document of evidence. At the same time, it was determined by the Central Election Commission that the cases claimed in the explanations provided by 113 persons of different status who had conducted observation on the voting day in the polling stations covering the relevant constituency had not been justified, instead, the process had fully met the legislation requirements. Among them there were the representatives of different forces, as well as, representatives of "National Council of Democratic Forces” voters’ initiative group and members of OSCE/ODIHR Mission and other international organizations. They informed that they had observed the election process in the foregoing polling stations from the beginning till then end, monitored the vote counting and filling out the voting results protocol and had not witnessed any law violation in this period, as well as, had left the polling station after getting the copy of the voting results protocol. Considering all these, CEC decided to not implement the above-mentioned appeal due to groundlessness and to retain the decision of Khatai first Con.EC # 33 without making any amendments.

The following appeal had also been filed by Mustafa Hajili, authorized representative of candidate for presidency Jamil Hasanli. Appealing to the Central Election Commission, he informed on the complaint on canceling the elections in all the polling stations covering Khatai third Con.EC # 35 filed to the Con.EC and therewith, requested to cancel the protocol-decision adopted by the commission and adopt a new decision on substance.

It was emphasized at the CEC session that members with decisive rights and observers of "National Council of Democratic Forces” voters’ initiative group had not expressed any remarks on law violations till the end of the voting. Representatives of OSCE Election Observation Mission who had observed the process of receiving the protocols at the Con.EC did not mention any fact on the visit and leaving of the Con.EC by the commission chairpersons till the handling of the protocols by Precinct Election Commissions. The member of the Expert Group arrived at the conclusion that the cases indicated in the appeal by the complainer were groundless.

Furthermore, it was determined that procedural violation had been committed in adoption, justification and compile of the decision on the above-mentioned issue by the Con.EC. Therefore, as the conclusion on this protocol did not meet legislation requirements, it shall be regarded invalid. Considering the complainer’s request on disagreement with the investigation of the Con.EC and adopting a decision on the substance, an investigation was re-conducted.

CEC decided to implement the foregoing appeal by Mustafa Hajili, authorized representative of registered candidate Jamil Hasanli. Furthermore, as the above-mentioned decision of Khatai III Con.EC # 35 had not been compiled in comply with the legislation requirements, decision was made on regarding it as invalid. It was also decided to not implement the part of the appeal on regarding the election results invalid on Khatai III Con.EC # 35 due to groundlessness.

CEC also considered current issues.

Representatives of international organizations and mass media also took part at the session.