CEDH · CASELAW;COMMUNICATEDCASES;ENG — 8 septembre 2020

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } Communicated on 8 September 2020 Published on 28 September 2020   FIFTH SECTION Application no. 12563/16 Nizami Maharram oglu ALAKBAROV against Azerbaijan and 8 other applications (see list appended) SUBJECT MATTER OF THE CASES 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 or the repeat elections of 18   June 2016. 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, including alleged inauthenticity of supporting signatures (“signatures made by one person on behalf of several people” or “similar 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; commissions’ experts allegedly lacking necessary qualifications; 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   Applications nos. 12563/16 ( Alakbarov ), 12582/16 ( Imanov ), 12623/16 ( Rahimli ), 13073/16 ( Fattayev ), 13078/16 ( Mammadli ), 17282/16 ( Gulami ), 18391/16 ( Samadov ) and 77321/16 ( Karimli ) : 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? APPENDIX   Nos. Application no. Case name Lodged on Applicant Date of Birth Place of Residence Nationality Principal representative 1. 12563/16 Alakbarov v. Azerbaijan 23/02/2016 Nizami Maharram oglu ALAKBAROV 1958 Baku Azerbaijani Khalid BAGIROV 2. 12582/16 Imanov v. Azerbaijan 23/02/2016 Iman Ibish oglu IMANOV 1950 Fuzuli Azerbaijani Khalid BAGIROV 3. 12623/16 Rahimli v. Azerbaijan 23/02/2016 Mubariz Shamsaddin oglu RAHIMLI 1980 Baku Azerbaijani Khalid BAGIROV 4. 13073/16 Fattayev v. Azerbaijan 24/02/2016 Mirmahmud Mirali oglu FATTAYEV 1956 Sumgayit Azerbaijani Khalid BAGIROV 5. 13078/16 Mammadli v. Azerbaijan 24/02/2016 Ahad Farhad oglu MAMMADLI 1982 Baku Azerbaijani Khalid BAGIROV 6. 17282/16 Gulami v. Azerbaijan 24/03/2016 Tamilla Famil gizi GULAMI 1983 Baku Azerbaijani Khalid BAGIROV 7. 18391/16 Samadov v. Azerbaijan 25/03/2016 Parviz Habib oglu SAMADOV 1975 Baku Azerbaijani Khalid BAGIROV 8. 23979/16 Mehdiyev v. Azerbaijan 18/04/2016 Sarvar Abasgulu oglu MEHDIYEV 1966 Baku Azerbaijani Samira AGAYEVA 9. 77321/16 Karimli v. Azerbaijan 08/12/2016 Karim Galamshah oglu KARIMLI 1990 Baku Azerbaijani Samad RAHIMLI