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SAMADBAYLI v. AZERBAIJAN and 5 other applications

Doc ref: 55239/15;12560/16;12613/16;12618/16;12643/16;20702/16 • ECHR ID: 001-204969

Document date: September 8, 2020

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SAMADBAYLI v. AZERBAIJAN and 5 other applications

Doc ref: 55239/15;12560/16;12613/16;12618/16;12643/16;20702/16 • ECHR ID: 001-204969

Document date: September 8, 2020

Cited paragraphs only

Communicated on 8 September 2020 Published on 28 September 2020

FIFTH SECTION

Application no. 55239/15 Arzu Habib oglu SAMADBAYLI against Azerbaijan and 5 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The applicants were nominated by a political party 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 reasons. 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; 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

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.

APPENDIX

Nos.

Application no.

Case name

Lodged on

Applicant

Date of Birth

Place of Residence

Nationality

Principal representative

55239/15

Samadbayli v. Azerbaijan

30/10/2015

Arzu Habib oglu SAMADBAYLI

1962Baku

Azerbaijani

Nemat KARIMLI

12560/16

Karimli v. Azerbaijan

26/02/2016

Nemat Aga oglu KARIMLI

1967Baku

Azerbaijani

N/A

12613/16

Salayev v. Azerbaijan

23/02/2016

Mubariz Agasala oglu SALAYEV

1963Baku

Azerbaijani

Nemat KARIMLI

12618/16

Mazahir Mammadov v. Azerbaijan

23/02/2016

Mazahir Zahid oglu MAMMADOV

1967Baku

Azerbaijani

Nemat KARIMLI

12643/16

Sadikhli v. Azerbaijan

23/02/2016

Nushaba Agabala gizi SADIKHLI

1949Baku

Azerbaijani

Nemat KARIMLI

20702/16

Ahmadli v. Azerbaijan

01/04/2016

Dadash Rashid oglu AHMADLI

1969Baku

Azerbaijani

Nemat KARIMLI

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