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Azerbaijan
2020
Early election
EOM
Parliamentary
elections
In cases of irregularities during the count, a thorough and impartial investigation of election-day materials should be conducted, including PEC voting results protocols, signed voter lists, ballots and web camera footage, where available. Perpetrators, including election commission members who participate or tolerate such practices, should be prosecuted.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Post-Election Developments
Azerbaijan
2020
Early election
EOM
Parliamentary
elections
The timeframe for resolving candidate registration disputes should be reviewed to ensure timely remedy and equal opportunities to campaign. Decisions on all election-related complaints should be reasoned and indicate the further remedy available. All parties involved should have an effective opportunity to be present during hearings.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Complaints and Appeals
Azerbaijan
2020
Early election
EOM
Parliamentary
elections
The office of the prosecutor should consistently and independently apply the law and fulfil its mandate to expeditiously investigate and prosecute election related crimes, to protect citizens from electoral fraud and uphold the integrity of the electoral process.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Complaints and Appeals
Azerbaijan
2024
Early election
EOM
Presidential
All communications with election commissions of a complaint nature should be considered on their merits and complainants should be given the opportunity to appeal the decisions. Additional efforts should be taken to ensure transparency in the adjudication of appeals by the courts and the timely publication of decisions. The application of admissibility rules and distribution of burden of proof should not be used to circumvent the provision of judicial remedy for alleged electoral violations.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Azerbaijan
2024
Early election
EOM
Presidential
The right to provide and receive legal aid must be protected against arbitrary decisions, influence or bias. The legislation should include clear and objective criteria for the registration and deregistration of legal professionals as well as for the application of disciplinary sanctions.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Azerbaijan
2024
Early election
EOM
Parliamentary
elections
To ensure due process in the resolution of election disputes, additional measures should be taken. Complainants should be able to participate when evidence is being reviewed, access expert findings, and propose their own evidence. Courts must address all arguments, including those provided by the CEC and experts, procedural omissions and motions for new evidence. The CEC and court decisions should be fully reasoned and indicate available remedies.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Azerbaijan
2024
Early election
EOM
Parliamentary
elections
To enhance transparency of the election dispute resolution, the election administration could consider publishing its complaints’ register on its website. Court decisions should be published in a timely manner and be easily accessible.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Azerbaijan
2020
Early election
EOM
Parliamentary
elections
The CEC should redraw the boundaries of electoral constituencies in a timely manner and in line with the law and international commitments and standards in order to respect the principle of equal suffrage. To enhance confidence and transparency in the revision process, it should be open to public scrutiny.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2024
Final report heading:
Electoral System and Legal Framework
Azerbaijan
2024
Early election
EOM
Parliamentary
elections
To ensure equality of the vote and in line with international standards and good practices, constituency delimitation should be conducted and reviewed periodically by an independent body, in an open and consultative manner and well in advance of the next elections. The CEC should ensure that the public is well-informed about the delineation of the constituencies through a comprehensive information campaign.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System
Azerbaijan
2018
Early election
EOM
Presidential
The electoral legal framework should be revised sufficiently in advance of the next elections, through a genuine participatory and consultative process, to bring it in line with international standards and obligations, guarantee constitutionally protected rights and freedoms, eliminate gaps and ambiguities, and address previous ODIHR and Venice Commission recommendations.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
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