ON BEHALF OF AZERBAIJAN REPUBLIC
D E C I S I O N
OF THE CONSTITUTIONAL COURT
OF AZERBAIJAN REPUBLIC
On Results of Additional Elections of Deputies to the Milli Majlis
of Azerbaijan Republic held on 12 April, 2002 in Narimanov First N24,
Ali-Bayramli-Salyan N29 and Kapaz N31 Electoral Districts
7 May, 2002 Baku city
The Constitutional Court of Azerbaijan Republic composed of Kh.Hajiyev (Chairman), Judges: F.Babayev, B.Garibov (Reporter Judge), R.Gvaladze (Reporter Judge), E.Mamedov, I. Najafov, S. Salmanova, A. Sultanov (Reporter Judge),
joined in the proceedings by: the Court Clerk I.Ismailov;
M. Panahov, Chairman of the Central Election Commission (CEC); S. Gasimova, Deputy Chairman of the CEC; G.Gasanguliyev, G.Orujev, Secretaries; V.Asadov, T.Hasanov, Y.Huseynov, R. Ibrahimov, V.Kazimov, E.Gurbanov, I.Mamedov, A.Minbashi, H.Pashayev, M.Salimzadeh, F.Javadov, E.Aleskerov, V.Mahmudov and A.Tagiyev, members; H.Huseynov and U.Gamidov, experts of the State Statistic Committee of Azerbaijan Republic;
in accordance with articles 86 and 130.4 of the Constitution of Azerbaijan Republic has examined in open judicial session via special constitutional proceedings the petition concerning verification and confirmation of the results of additional elections to the Milli Majlis of Azerbaijan Republic held on 12 April 2002 in Narimanov first N24, Ali-Bayramli-Salyan N29 and Kapaz N31 electoral districts.
Having heard and discussed the reports of Judges, B.Garibov and R.Gvaladze, statement of M. Panahov, Chairman of the CEC and taken into account the information notes of H.Huseynov and U.Gamidov, Experts of the State Statistic Committee, the Constitutional Court of Azerbaijan Republic
D E T E R M I N E D AS F O L L O W S:
On 12 April 2002 the additional elections to the Milli Majlis of Azerbaijan Republic were held in Narimanov first N24, Ali-Bayramli-Salyan N29 and Kapaz N31 electoral districts.
Protocol N 1 of 18 April 2002 with the relevant materials on the results of voting in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts concerning the additional elections was submitted to the Constitutional Court of Azerbaijan Republic.
According to Article 86 of the Constitution of Azerbaijan Republic the accuracy of the results of the elections shall be verified and confirmed by the Constitutional Court of Azerbaijan Republic.
Based on Article 75 of the Law of Azerbaijan Republic “On elections to the Milli Majlis” the Constitutional Court of Azerbaijan Republic drew the relevant experts in order to verify the conformity of Protocol N 1 and the relevant materials on elections held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts with the legislation.
It follows from the submitted documents that the additional elections to the Milli Majlis were held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts on 12 April 2002 and the elected candidates for the deputies were determined.
In connection with verification and confirmation of the additional elections held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts the Constitutional Court of Azerbaijan Republic forwarded and inquiry to the Ministry of Justice of Azerbaijan Republic, the Prosecution Office of Azerbaijan Republic, the Supreme Court of Azerbaijan Republic and the Court of Appeal of Azerbaijan Republic to get exact information as to presence of any complaints and the results of their examination.
It follows from the letter N 5d-82/2002 of 26 April 2002 of the Court of Appeal of Azerbaijan Republic that two complaints were lodged regarding the cancellation of the results of additional elections held in Narimanov first N24 and Ali-Bayramli-Salyan N29 electoral districts on April 12 2002. During the court hearings no any of these complaints were examined. As to Kapaz N31 single mandate electoral district there no complaints were lodged regarding the cancellation of the results of elections.
It follows from the letter of 3 May 2002 of the Supreme Court of Azerbaijan Republic that no complaints were lodged regarding the additional elections to Milli Majlis of Azerbaijan Republic held on 12 April 2002.
It is noted in the letter N 02/1-243 of 3 May 2002 of the Ministry of Justice that no complaints were lodged on the base of courts information regarding the violation of the electoral rights of citizens during additional elections to the Milli Majlis held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts on 12 April 2002.
It follows from the letters N 01/1983 of 25 April 2002 and N 01/1925 of 4 May 2002 of the Prosecution Office of Azerbaijan Republic that the Central Election Commission has sent the materials on the violation of electoral rights of citizens on results of additional elections held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts, in accordance with determined order these materials were examined and in connection with absence of the criminal violations commencement of the criminal case was rejected. No complaints were lodged to the Prosecution Office of Azerbaijan Republic regarding the additional elections to Milli Majlis of Azerbaijan Republic held in Kapaz N31 electoral district.
Analysis of the documents enclosed to the case and opinion of the experts notes that the Protocol N 1 concerning the results of additional elections held in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts with extra added documents corresponds to the Law of Azerbaijan Republic “On Elections to the Milli Majlis of Azerbaijan Republic”.
Being guided by Articles 86 and 130.5 of the Constitution of Azerbaijan Republic and being guided by Articles 72, 75, 76, 78, 81, 83 and 85 of the Law of Azerbaijan Republic “On Constitutional Court”, the Constitutional Court of Azerbaijan Republic
D E C I D E D:
1. To confirm the results of additional elections to the Milli Majlis of Azerbaijan Republic held on 12 April 2002 in Narimanov first N24, Ali-Bayramli-Salyan N29, Kapaz N31 electoral districts.
2. The decision comes into force from the date of its publication.
3. The decision is subject to publication in the "Azerbaijan" newspaper and “Bulletin of the Constitutional Court of Azerbaijan Republic”.
4. The decision is final and cannot be cancelled, changed or interpreted by any body or official.
Chairman Khanlar Hajiyev
