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Location: Azerbaijan
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Azerbaijan
2018
Early election
EOM
Presidential
The Election Code should be amended to revise the composition of election commissions at all levels, with the aim of enhancing the impartiality of election commissions and public confidence in their work.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Election Administration
Azerbaijan
2018
Early election
EOM
Presidential
Comprehensive instructions regulating all procedural and operational aspects of the process of voter list verification and updating should be developed. The authorities could also consider matching voter data with the residence and ID card data held by the government.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Voter Registration
Azerbaijan
2018
Early election
EOM
Presidential
Contradictions between the Election Code and the Law on Freedom of Assembly on whether notification or application is required for holding a public gathering should be eliminated. Candidates should only be required to notify the executive authorities of their intent to hold a gathering, rather than having to apply for authorization.
Recommendation # in final report:
5
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:
Election Campaign
Azerbaijan
2018
Early election
EOM
Presidential
The procedures and timelines in case of a second round, procedures and grounds for recounts of ballots, and procedures and timelines for invalidation of election results should be detailed in relevant normative legal acts.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2024
Final report heading:
Legal Framework and Electoral System
Azerbaijan
2020
Early election
EOM
Parliamentary
elections
The electoral legal framework should be revised sufficiently in advance of the next elections and through a genuine participatory and consultative process, to bring it in line with international obligations and standards for democratic elections, guarantee fundamental rights and freedoms, eliminate gaps and address previous ODIHR and Venice Commission recommendations as well as rulings of the ECtHR.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Electoral System and Legal Framework
Azerbaijan
2024
Early election
EOM
Presidential
In order to ensure compliance with international human rights obligations, the revision and subsequent implementation of the legal framework should always be done in such a way as to provide for the effective exercise of fundamental freedoms in practice, and safeguard against arbitrariness. The amendments should be made well in advance of the next elections through a consultative process that ensures inclusive and effective public participation.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Azerbaijan
2024
Early election
EOM
Parliamentary
elections
The electoral legal framework as well as legislation governing fundamental rights and freedoms should be reviewed to ensure compliance with international human rights obligations and standards for democratic elections. The legal reform should be preceded by an open and inclusive consultation process well in advance of the next elections. State bodies and the election administration should implement the laws in a manner that ensures the effective exercise of fundamental freedoms.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Azerbaijan
2024
Early election
EOM
Parliamentary
elections
To foster pluralism and ensure the exercise of freedom of association, the legislative and administrative requirements for the registration of political parties should be comprehensively revised. The authorities should discontinue practices of oversight that can be regarded as undue limitations on the freedom of association and intimidating to parties and their members.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Electoral System and Legal Framework
Azerbaijan
2018
Early election
EOM
Presidential
The power to restrict access to websites should lie with the judiciary. The process in front of the courts should be public, and decisions and the full list of blocked websites should be publicly available.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
Azerbaijan
2018
Early election
EOM
Presidential
Defamation and libel should be decriminalized and dealt with through proportionate civil sanctions, with a priority given to restoring the harmed reputation, rather than imposing penalties. No one, including the president, should be granted extra protection against defamation.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2024
Final report heading:
Media
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