ON BEHALF OF AZERBAIJANREPUBLIC
D E C I S I O N
OF THE CONSTITUTIONALCOURT
OFAZERBAIJANREPUBLIC
On the Results of Elections of Deputies to the Milli Majlis
of AzerbaijanRepublic held on 5 November, 2000
22 November, 2000 Baku city
The ConstitutionalCourtofAzerbaijanRepublic composed of Kh.Hajiyev (Chairman), Judges: F.Babayev, B.Garibov, R.Gvaladze (Reporter Judge), S.Salmanova, A.Sultanov (Reporter Judge), E.Mamedov;
joined in the proceedings by: the Court Clerk I. Ismayilov,
M. Panahov, Chairman of the Central Election Commission (CEC) of Azerbaijan Republic; S.Gasimova, Deputy Chairman of the CEC; I.Abbasov and G. Huseynguliyev, secretaries; F.Javadov, E.Aleskerov, V.Asadov, Y.Huseynov, E.Gurbanov, V.Mahmudov, R.Maherramov, I.Mamedov, S.Mamedov, I.Nasirov, N.Pashayev, M.Salimzadeh and A.Tagiyev, members;
Experts: E.Nasirov, chief lecturer of the constitutional law board of the law faculty of BakuStateUniversity and R. Ismaylov, chief lecturer of the same board, candidate of legal sciences;
in accordance with Articles 86 and 130.5 of the Constitution of Azerbaijan Republic has examined via procedure of a special constitutional proceeding the materials, submitted by the CEC of Azerbaijan Republic on the results of elections to Milli Majlis of AzerbaijanRepublic held on 5 November, 2000.
Having heard the reports of Judges R. Gvaladze and A. Sultanov, reports of Chairman of the CEC M.Panahov, secretaries of the Commission I.Abbasov and G.Huseynguliyev, members V.Mahmudov, Y.Huseynov, I.Nasirov and A.Tagiyev, conclusions of the experts E.Nasirov and R.Ismaylov, the Constitutional Court o fAzerbaijan Republic
D E T E R M I N E D A S F O L L O W S:
According to the Article 84.2 of the Constitution of Azerbaijan Republic and the Decree of the President of Azerbaijan Republic of 6 July, 2000 “On Setting the Date of Elections to Milli Majlis of Azerbaijan Republic” the elections to Milli Majlis of Azerbaijan Republic were held on 5 November, 2000.
According to the Article 86 of the Constitution of Azerbaijan Republic and Article 75.2 of the Law of Azerbaijan Republic “On the Elections to Milli Majlis”, on 15 November, 2000 with a view of the verification and confirmation of the results of elections to Milli Majlis the CEC submitted to the Constitutional Court of Azerbaijan Republic the protocols N1 and N2 of the district election commissions with enclosed relevant documents, its resolution concerning the determination of the results of elections on single multi-mandate electoral district. Two dissenting opinions of six members of the CEC are attached to above mentioned materials.
In connection with the petition the resolution of the CEC on recognition of the results of elections as a void in Khatai 2 N10, Sumgayit 1 N38, Akhsu-Kurdamir N51, Imishli N68 electoral districts, the resolution on results of examination of complaints and requests received by the CEC, the list of materials, submitted on complaints and written requests to district election commissions and the Gerneral Prosecutor’s Office, the letter of the General Prosecutor’s Office of 21 November, 2000, N 11/395 on the results of examination of complaints and written requests, submitted by the CEC to the General Prosecutor’s Office, the letter of the Ministry of Justice of 21 November, 2000, N92-1/4 on the results of examination of complaints concerning the results of the elections by the district (city) courts, letter of the Court of Appeal of 21 November, 2000, N5A-33/2000 were enclosed to materials of the case.
According to the Article 86 of the Constitution of Azerbaijan Republic the accuracy of results of elections shall be verified and confirmed by the ConstitutionalCourtofAzerbaijanRepublic as specified by legislation. According to the Article 75 of the Law of Azerbaijan Republic “On Elections to Milli Majlis”, the CEC shall present to Constitutional Court protocols N1 and N2 of the district election commissions (according to the present Law with documents enclosed), the CEC’s own resolution concerning the determination of the results of elections on single multi-mandate electoral district.
From the documents presented to the Constitutional Court it is visible that on 5 November the elections to Milli Majlis were held in 99 electoral districts, in 95 electoral districts the elections were recognized as taken place and on each of them the candidates for the deputies were defined.
By the resolutions of the CEC of Azerbaijan Republic of 6 November, 2000, N42/171, 8 November, 2000, N43/172, 9 November, 2000, N44/173 and 13 November, 2000, N46/175 in Khatai N10, Sumgayit 1 N38, Akhsu – Kurdamir N51 and Imishli N68 electoral districts the results of elections were recognized as void.
By the protocol of the CEC of 14 November, 2000 on elections on single multi-mandate electoral district and allocation of deputy mandates among political parties, blocs of political parties the following has been determined:
1. The total number of the voters on electoral rolls of constituencies of electoral districts – 4.212.915
2. The number of ballots distributed among voters on the elections day – 3.000.198
3. The number of the eliminated ballots – 1.140.341
4. The number of the valid ballots – 2.897.864
5. The number of the void ballots – 100.434
6. The number of the votes given for the list of single candidates of political parties, blocs of political parties – 2.883.819
7. The total number of votes given for each list of single candidates of political parties, which took part in allocation of deputy mandates:
New Azerbaijan Party – 1.809.801
Party of Popular Front of Azerbaijan – 313.059
Party of the Civil Solidarity – 182.777
The Communist Party of Azerbaijan – 182.029
By it’s letter of 18 November, 2000, N10/20 the CEC of Azerbaijan Republic submitted to the Constitutional Court the references of the CEC members on Yasamal urban N56, Sabirabad-Saatli N94 electoral districts for their examination.
In connection with the presented materials, the General Prosecutor’s Office and the Ministry of Justice requested for information on results of examination of complaints concerning the results of elections.
According to the letter of the General Prosecutor’s Office of 21 November, 2000, N11/395 concerning submitted by the CEC 55 materials to the Prosecutor’s Office, in 48 cases the institution of criminal proceeding was dismissed, in 3 cases the criminal proceeding was instituted and cases on Yasamal N7, Hajigabul – Salyan N94, Barda N56 and Gusar N65 electoral districts are still being examined.
From the letter of Ministry of Justice of 21 November, 2000, N92-1/4 it follows that on the results of voting and results of elections to Milli Majlis, district (city) courts of Azerbaijan Republic received 27 claims challenging the decisions of electoral districts, eight of them were abolished, 17 of them were replied in connection with non –observance of requirements of the Civil Procedure legislation, one is set aside and in one case the plaintiff refused to claim.
In its letter of 21 November, 2000, N5A-33/2000 the Court of Appeal indicated that on 20 November, 2000 the Judicial Chamber on Civil Cases of this Court set aside the claim of Party of National Independence of Azerbaijan concerning the abolition of resolution of the CEC of Azerbaijan Republic on the definition of results of elections on single multi-mandate electoral district and recognition of the elections as void. Besides, the claim of Samedov.A.G., concerning the recognition of the results of elections on Khatai 2 N10 electoral district as void was also set aside.
Examination of the materials, extra added documents and references of experts showed that in 88 of 95 electoral districts protocols N1, N2, extra documents enclosed to them and protocol of the CEC conform to the Law of Azerbaijan Republic “On Elections to Milli Majlis”. In connection with the infringement of Law, the protocols N1 and N2 of the rest seven electoral districts: Yasamal 2 N7, Khatai 1N9, Astara N53, Barda city N56, Gusari N65, Hajigabul-Salyan N94, Shamkir urban N99 can not be recognized as conforming to the Law.
In connection with the above stated and being guided by Articles 86 and 130.5 of the Constitution of Azerbaijan Republic, Articles 72.1, 75, 76, 78, 81, 83 and 85 of the Law of Azerbaijan Republic “On the Constitutional Court”, the Constitutional Court of Azerbaijan Republic
D E C I D E D:
1. To confirm the results of elections of deputies to Milli Majlis of AzerbaijanRepublic held on 5 November, 2000 on the following electoral districts:
Sharur-Sadarak district N1
Sharur-Babek district N2
Nakhchivan district N3
Babek-Shahbuz district N4
Julfa-Ordubad district N5
Yasamal 1 district N5
Yasamal-Nasimi district N6
Hatai district N11
Nizami district N12
Nizami-Hatai district N13
Garadag district N14
Sabunchi district N15
Sabunchi-Surahan district N16
Sabunchi-Azizbekov district N17
Azizbekov district N18
Surahan 1 district N19
Surahan 2 district N20
Binagadi 1 district N21
Binagadi 2 district N22
Binagadi-Garadag district N23
Narimanov 1 district N24
Narimanov 2 district N25
Nasimi 1 district N26
Nasimi 2 district N27
Sabail district N28
Ali-Bayramli-Salyan district N29
Evlah district N30
Kapaz district N31
Nizami district N32
Kapaz-Nizami district N33
Tartar-Evlah –Agdash-Geychay district N34
Lenkoran urban region district N35
Lenkoran rural region district N36
Mingechevir district N37
Sumgait 2 district N39
Sumgait 3 district N40
Shusha-Hojali-Hojavent-Tartar-Kelbajar district N41
Sheki urban region district N43
Sheki rural – Qakh district N44
Tartar-Kelbajar district N45
Absheron district N46
Agdam urban region district N47
Agdam rural region district N48
Agdash district N49
Agstafa district N50
Agjebedi district N52
Balakan district N54
Beylagan district N55
Barda-Agjebedi district N57
Bilasuvar district N58
Gazah district N59
Qakh-Zakatal district N60
Gabala district N61
Gobustan-Siazan-Hizi district N62
Guba district N63
Guba-Devichi district N64
Zakatala-Balakan district N66
Zardob-Imishli district N67
Ismailli district N69
Yardimli-Masalli district N70
Lachin-Kelbajar district N71
Kurdamir district N72
Gedabek district N73
Geranboy-Naftalan district N74
Geychay district N75
Lerik-Lenkoran district N76
Masalli urban region district N77
Masalli rural-Lenkoran district N78
Neftchala-Salyan district N79
Oguz-Sheki-Gabala district N80
Saatli district N81
Sabirabad district N82
Sabirabad-Saatli district N83
Salyan district N84
Samuh-Shamkir-Geranboy district N85
Zangilan-Gubadli district N86
Tovuz urban region district N87
Tovuz rural-Gedabek district N88
Ujar district N89
Fizuli district N90
Khanlar-Dashkesan district N91
Hachmaz district N92
Hachmaz-Divichi district N93
Jebrail-Fizuli district N95
Jalilabad urban region district N96
Jalilabad rural region district N97
Shamahi-Ahsu district N98
Shamkir rural region district
2. Not to confirm the results of elections to Milli Majlis of Azerbaijan Republic held on 5 November, 2000, on Yasamal 2 N7, Hatai 1 N9, Astara N59, Barda urban region N56, Gusari N65, Gadjigabul-Salyan N94, Shamkir urban region N99 electoral districts.
3. Taking into account the item 2 of the present decision, to confirm the results of elections to Milli Majlis of Azerbaijan Republic, determined by the CEC of Azerbaijan Republic on single multi-mandate electoral district.
4. The decision comes into force from the date of its publication.
5. The decision is subject to publication in the “Azerbaijan” newspaper and “Bulletin of the Constitutional Court of Azerbaijan Republic”.
6.The Decision is final and can not be annulled, amended or officially interpreted by whichever person or entity.
Chairman Khanlar Hajiyev
