Violation of the right to free and fair elections

Namat Aliyev group (App. 18705/06) v. Azerbaijan:

Documents from the 2019 briefing:

• Latest communication from the authorities on the Namat Aliyev case (Feb. 2018)

• Communication from a NGO “EMDS (Election Monitoring and Democracy Studies Centre)” (23/04/2019) in  the case of MAMMADLI (Ilgar Mammadov group) v. Azerbaijan

• Power point by Tural Agayev

Documents from previous briefings:

• Case briefing note (includes material on other cases)

• Judgment of the European Court of Human Rights

These cases concern parliamentary elections that occurred in Azerbaijan in November 2005; applicants were members of the opposition parties or independent candidates. The ECtHR found violations of Article 3, Protocol No. 1 due to actions by the electoral commissions and domestic courts deemed arbitrary and without motivation, including rejecting complaints alleging breaches of electoral law and cancelling candidate registration. The Constitutional Court of the Republic of Azerbaijan annulled the elections in the electoral constituencies of certain applicants without sufficient reason, and without affording procedural safeguards to the parties (including the inability to participate in a review hearing).

In 2019, the cases were presented by Tural Aghayev, lawyer at the Monitoring and Democracy Studies Centre from Azerbaijan.