Violation of the right to free and fair elections


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

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).

The issue was presented by human rights defender and chair of the Human Rights Club, Rasul Jafarov.