Search
document

AGAYEV v. AZERBAIJAN and 16 other applications

Doc ref: 12548/16, 12552/16, 12558/16, 12568/16, 12606/16, 12629/16, 12634/16, 12645/16, 13084/16, 18209/16, ... • ECHR ID: 001-204968

Document date: September 8, 2020

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 14

AGAYEV v. AZERBAIJAN and 16 other applications

Doc ref: 12548/16, 12552/16, 12558/16, 12568/16, 12606/16, 12629/16, 12634/16, 12645/16, 13084/16, 18209/16, ... • ECHR ID: 001-204968

Document date: September 8, 2020

Cited paragraphs only

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 CASE S

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

12548/16

Agayev v. Azerbaijan

23/02/2016

Rauf Ahmad oglu AGAYEV

1962Khirdalan

Azerbaijani

Nemat KARIMLI

12552/16

Najafli v. Azerbaijan

23/02/2016

Rashid Mikayil oglu NAJAFLI

1956Agjabadi

Azerbaijani

Nemat KARIMLI

12558/16

Mehti v. Azerbaijan

23/02/2016

Yusif Hajeyib oglu MEHTI

1952Bilasuvar

Azerbaijani

Nemat KARIMLI

12568/16

Mammadzada v. Azerbaijan

23/02/2016

Shohrat Asad oglu MAMMADZADA

1972Gazakh

Azerbaijani

Khalid BAGIROV

12606/16

Huseynov v. Azerbaijan

23/02/2016

Akif Isa oglu HUSEYNOV

1955Ganja

Azerbaijani

Khalid BAGIROV

12629/16

Yagublu v. Azerbaijan

22/02/2016

Nasiman Gara oglu YAGUBLU

Baku

Azerbaijani

Nemat KARIMLI

12634/16

Gafarli v. Azerbaijan

22/02/2016

Nadir Azim oglu GAFARLI

1948Shabran

Azerbaijani

Nemat KARIMLI

12645/16

Karimli v. Azerbaijan

23/02/2016

Ragif Mahi oglu KARIMLI

1951Baku

Azerbaijani

Nemat KARIMLI

13084/16

Jafarli v. Azerbaijan

24/02/2016

Fikrat Novruz oglu JAFARLI

1968Baki

Azerbaijani

Khalid BAGIROV

10.

18209/16

Zaki v. Azerbaijan

25/03/2016

Mirzakulla Mirovla oglu ZAKI

1956Bilasuvar

Azerbaijani

Khalid BAGIROV

11.

18212/16

Abdurrazakov v. Azerbaijan

25/03/2016

Nizami Yagub oglu ABDURRAZAKOV

1961Oguz

Azerbaijani

Khalid BAGIROV

12.

18562/16

Bagirov v. Azerbaijan

24/03/2016

Khalid Zakir oglu BAGIROV

1976Baku

Azerbaijani

N/A

13.

18564/16

Sadigov v. Azerbaijan

25/03/2016

Giyas Boyukaga oglu SADIGOV

1960Baku

Azerbaijani

Khalid BAGIROV

14.

18568/16

Bagirzada v. Azerbaijan

25/03/2016

Aynur Gafar gizi BAGIRZADA

1976Baku

Azerbaijani

Khalid BAGIROV

15.

21007/16

Jangirov v. Azerbaijan

11/04/2016

Khaliddin Baloglan oglu JANGIROV

1971Baku

Azerbaijani

Samira AGAYEVA

16.

27984/16

Hasanov v. Azerbaijan

30/04/2016

Ulvi Fakhraddin oglu HASANOV

1987Ganja

Azerbaijani

Javad JAVADOV

17.

27991/16

Imranova v. Azerbaijan

05/05/2016

Aytakin Kapitan gizi IMRANOVA

1957Baku

Azerbaijani

Khalid BAGIROV

LEXI

Lexploria AI Legal Assistant