Venice Commission: "Several important recommendations related to the Electoral Code of Azerbaijan have not been addressed or have not been addressed adequately"

The opinion was prepared on the basis of comments by the Venice Commission’s members Aivars Endzins (Latvia) and Peter Paczolay (Hungary) and OSCE/ODIHR electoral expert Jessie Pilgrim. It was said in the document that the amendments address recommendations of the OSCE/ODIHR and the Venice Commission and this is a positive development.

"However, several important recommendations have not been addressed or have not been addressed adequately. One area of concern is the composition of election commissions. No changes in the composition of election commissions have been introduced by the amendments. A Round table on Election Commission composition co-organised by the Council of Europe and IFES took place in Baku on 9 November 2007. Different proposals on the composition of election commissions were discussed. However, the amendments do not take into account any of the proposals".

The Venice Commission concluded that another area of concern is the adjudication of complaints and appeals.

"Although several amendments have been adopted which create groups of experts to make findings and recommendations to election commissions on filed complaints, it is not clear that this additional structure will ensure the fair, efficient and timely adjudication of complaints and appeals filed to protect electoral rights. The true test will be when the new structure is implemented and whether the new structure does in fact provide effective remedies to correct wrongs".

Amendments which limit the requirement for equal campaign conditions to “public TV and radio companies” and exempt State funded TV and radio from this requirement are of concern, as State funded TV and radio will undoubtedly provide news coverage and other programming related to the campaign.

"In addition, the reduction of time for the official campaign period, which was not included in previous drafts, is a concern since this reduction limits the application of provisions for equal campaign conditions", the opinion says.

Venice Commission says that they have not been informed that amendments on reducing the term of election campaign and carrying out propaganda with the Public Television would be made to the Electoral Code.

"But we consider that a number of our recommendations concerning amendments to the Electoral Code have been taken into consideration and now everything depends on the political will," the opinion says.

Venice Commission noted that a number of issues, as well as interference in the election process, putting forward candidature, annulling candidature, regulation of conducting exit polls by the Central Election Commission, establishing polling stations for servicemen, certificates of observers, putting bulletins into the envelops, merging voters’ lists on the election day, preparation of imprisoned voters’ lists, court hearings in connection with rallies during the elections, inking of voters’ fingers were discussed during the 75th session.

/APA/