Human Rights Center’s Statement about CEC Decision

During the Parliamentary Elections of October 1 observer of Human Rights Center monitored ballot process in PS # 49 (Muganlo village) in Gardabani DEC # 2.

The ballot process in that particular polling station was going on through significant violations. Namely, majority of voters voted publicly and breached privacy of polling process. Besides that, commission members participated in the agitation together with voters. They were telling each other “Besh” that is “five” in Azerbaijan language – and election number of a concrete election subject. Based on aforementioned violations Human Rights Center’s observer wrote several complaints though commission chairman did not react on them and law violation continued in the PS.

In the end, HRC observer filed complaint to the Gardabani District Election Commission. She included her and some witnesses’ contact information - cell phone numbers and email addresses - in the appeal statement. Besides that, the observer asked the DEC secretary and lawyer whether there was any gap in the complaint - like incomplete contact information or anything else. Commission secretary and lawyer said the included contact information was enough [to start procedures].

Next day, on October 2, HRC observer was called on the phone at 08:30 am and requested to arrive at the Gardabani DEC office within one hour to improve the gaps in the complaint. According to the DEC members the complaint did not provide information about registration addresses of the applicant and witnesses. The observer told DEC secretary that she could not improve the gap within one hour because it was impossible to bring corrected one in Gardabani in an hour; so she requested 2 hours and DEC secretary and lawyer agreed.

On her way to Gardabani HRC observer faced some more problems; she called the DEC and warned about the delay and requested additional time just enough for her arrival. Finally, she was late for 20 minutes and arrived at the place in 2 hours and 20 minutes.

Despite aforementioned circumstances, according to the October 2 decree №42/2012 of the Gardabani District Election Commission the complaint was not discussed because it was submitted after the estimated time had expired. We appealed against the DEC decree o at the CEC within one day time but they also did not discuss our complaint for the same reason.

We believe that election administration breached the election law when declining the complaints on the ground of fixing unreasonable time to estimate and improve formal and insignificant gaps in them, though the law requires to fairly and effectively discuss complaints.

Human Rights Center condemns similar approach of the election administration towards submitted complaints. Besides that, we should also consider that aforementioned fact was not the only case and plenty of similar facts were observed during the election process which will be necessarily reflected in Human Rights Center’s final report on Monitoring of Pre-Election Period.