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