Communication in accordance with RULE 9.2 of the Rules of the Committee of Ministers | (18705/06)

Communication in accordance with RULE 9.2 of the Rules of the Committee of Ministers regarding the supervision of the execution of judgment Namat Aliyev v. Azerbaijan (18705/06)

This communication is submitted by the non-profit and non-governmental organization, Free Voices Collective to the Committee of Ministers of the Council of Europe concerning the implementation of the Namat Aliyev v. Azerbaijan case (application no. 18705/06, leading case, enhanced procedure) in accordance with Rule 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

Free Voices Collective is an EU-based non-profit, and non-governmental organization established by Azerbaijani human rights defenders, journalists, and lawyers in Germany. The FVC’s mission is to build a democratic environment in Azerbaijan by advocating for the rights and protections of journalists, activists, and NGOs, ensuring a society where civil freedoms are upheld, and civil society can thrive without fear of persecution.

Introduction

The group consists of 25 judgments that cover 72 applicants whose right to free elections were violated in the 2005 and 2010 Parliamentary Elections. In most of the cases, the Court found that the electoral commissions and the domestic courts, including the Constitutional Court, had, in an arbitrary manner and without giving reasons and/or through procedures that did not afford safeguards against arbitrariness:
– rejected complaints regarding irregularities or breaches of electoral law;
– refused/canceled the registration as candidates or the election of the applicants.

With regard to the decisions of the electoral commissions, the Court, in particular, found the following major irregularities: the dismissal without reasoning of the applicants’ complaints and evidence; the acceptance of the statements and witness testimony against the applicants without a proper examination to determine their truthfulness and credibility; the lack of independent examination and reasoning in the decisions canceling the applicants’ registration as candidates or their election; the applicants’ lack of participation in the hearings before these commissions.

Click here to read the communication: RULE 9.2 of the Rules of the Committee of Ministers | Namat Aliyev v. Azerbaijan (18705:06)