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SOS
–93 83 97 Electoral Rights Protection Hotline is acting with the initiative of
the following Azeri NGOs: 1. Political and Economic Reforms Centre; 2.
Azerbaijan National Democracy Foundation; 3. The
Association for the Protection of Women’s Rights after D.Alieva; 4.
The Center for Pluralism “Inam”; 5.
The Committee for the Protection of Democracy and Human Rights.
The
main goal of the hotline is to provide opportunities for citizens struggling for
their electoral rights. As a result, candidates, party activists and voters
whose rights have been violated can call 93 83 97 and report abuses and seek
legal assistance. Announcements for the hotline and phone numbers are published
in the local newspapers. The managers of the hotline are regularly receiving
reports and giving legal advice to citizens whose electoral rights have been
violated.
The Electoral Rights Protection Hotline prepares
reports on the violations of electoral rights. To provide more detailed picture
of the scale and purpose of the illegalities during the elections, some
information on
electoral violation that has been published in the local media has been included
in this report.
Although 2 months have passed from the November 5th
parliamentary elections in Azerbaijan, SOS-938397 Electoral Rights Protection
Hotline is receiving reports on the fraudulence in the elections. Most of these
reports are about the arrests of the representatives of the oppositional parties
after the period. It is notable that after the November 5th elections,
oppositional forces held tens of protest actions as protest of the election
falsifications. And the government circles have used repressive methods to
dissipate this protest wave. While most of the detained opposition members were
released later, some of them are still in prison.
May we remind you that serious fraudulence in the
elections occurred in almost all the election districts at the parliamentary
elections. But the governmental circles have confirmed falsifications only at 11
election districts and annulled the results of polls at those districts.
According to the order of the president, there will be held additional elections
in those election districts on January 7, 2001. Though several political forces,
as well as leading oppositional parties- the Musavat and Popular Front Parties
have refused participating in the additional elections, over 100 candidates have
joined to the additional elections. SOS Hotline has already received reports on
the illegalities at the organizing process of the additional elections.
It is notable that in none of the election districts
that the government has annulled for fraudulence have any of the guilty persons
been charged. One of these districts is Khatai election district no.9. SOS
Hotline could gain 35 of 40 official protocols produced at the election stations
on the results of polling at that district. It was determined on the basis of
those protocols that 13,800 of 42 thousand voters registered at the mentioned
district have taken part in the elections. 4,100 of the voters participated in
the polls voted for the New Azerbaijani Party [NAP], 3,842 for the Musavat Party
and 1,331 for the National Independence Party [NIP]. But in the protocol
presented by the Khatai Election Commission no.9 to the Central Election
Commission [CEC] is shown that if 26 thousand voters have taken part in the
elections, nearly 16 thousand of them voted for the NAP, 3,087 for the Musavat,
1,800 for the NIP. So, there has appeared serious discrepancy among the
generalized results of the protocols produced at the election stations and
results at the final protocol presented by the District Election Commission to
the CEC. Mustafa Hajibeyli, who was an observer of the SOS Hotline at that
election district, has appealed to the Khatai district court and presented these
facts to the court, and claimed to draw the DEC member that did this
falsification to a criminal responsibility. But Khatai district court has
refused hearing that action with the pretext that the results of the polls at
the Khatai election district no.9 had already been annulled by the
Constitutional Court.
Some outlines of the reports on the illegalities
received by the SOS- Electoral Rights Protection Hotline in December
1.
Shaki-
Anvar Gulusoy, a member of the Musavat's local branch, who is accused in Shaki
incidents, was charged with several articles of the Criminal Code. [May we
remind you that on November 18, 2000, there was held a meeting in Shaki city
accompanied with police violence, clashes, and throwing stones at the government
buildings]. An accusation has been declared against Gulusoy by the special
investigation group of the Republic prosecutor. So, he is charged in 3 articles
of the Criminal Code; Article 233 (in organizing acts that caused breaking of
public rules or active participating in such acts), Article 315.2 (in resistance
and violence against the government representative), Article 186.2.2 (in
destruction of the property on purpose), and chosen preventive punishment about
him with the sentence of Shaki regional court. It is notable that Anvar Gulusoy
is a teacher and he was arrested by violence during his lesson before his
pupils. Mirismayil Hadiyev, a lawyer of Gulusoy, has stated that Gulusoy is not
guilty, because on that day Gulusoy was not in Shaki. But regardless the
investigation and government defined the facts for the innocent Gulusoy; they
deny such exact and incontrovertible evidences. Hadiyev stated that the arrest
of Gulusoy is merely malevolence and he has been arrested for being a member of
the Musavat Party.
2.
Shaki-
Azad Latifov, supporter of the Musavat Party detained in Shaki after the
November 18th meeting is still in the prison. A criminal case is
being raised against him. It is expected that his trial will be held during the
next weeks and he will be sentenced from 1 to 3 years of imprisonment.
3.
Shaki-
in the report given to the Hotline by the Democrat Party it is stated that Shaki
region People's Court has chosen preventive punishment of E.Gulamov, acting
chairman of the regional branch of the party. In the sentence of the court is
stated that Gulamov organized acts that cased breaking of public rules, resisted
the government representative, and went against the people by destroying their
property at the November 18 meeting held in Shaki. A criminal case has been
raised against Gulamov with the Articles 186.2.2 and 315 of the Criminal Code of
Azerbaijan Republic. The expression of the judge in the decision on preventive
punishment against Gulamov that "the collected materials give sufficient
ground to the probability that the following acts were done by the accused
person" is against Article 63 of the Constitution. The report says that the
arrest of Gulamov is politically motivated. Gulamov was not in Shaki on November
18, 2000. He was in Baku on that day and took part in the meeting of Supreme
Council of the Democrat Party. According to the information of the Democrat
party, Gulamov was taken to the investigation prison of Ganja City. He is kept
in a completely isolated condition and claimed to give a statement on the
Democrat party's involvement in organizing Shaki incidents. Gulamov faced
physical abuse as well.
4.
Shaki-
Farzali Gasimov, chairman of the regional branch of the NIP, was arrested in
Baku on December 6, 2000. Gasimov came to Baku for a medical treatment and was
arrested by colleagues of the Department of Struggle against Organized Crimes [DSOC]
of the Internal Ministry in the apartment of his close relatives. He was taken
to an unknown direction. A few days later it was known that Gasimov was taken to
the Internal Ministry and then to Shaki city police department accompanied by
the police.
5.
Jalilabad-
on November 18, 2000 there was held a meeting of the oppositional parties as a
protest of election fraudulence in Jalilabad region. After that meeting, Akif
Badirli, chairman of the Musavat's local branch, as well as activists of the
party- Iman Zeynalov and Rustam Rustamov were detained. Criminal action
has been taken against them. Rustamov and Zeynalov were kept at the Bayil prison
for a time. At present, 2 of 3 arrested are kept in the prison at Jalilabad
police department.
6.
Guba-
Rafig Alakbarov, a member of the NIP regional Board, was detained. After the
actions held in Guba on social problems and protesting fraudulence in the
November 5th elections, Alakbarov was illegally arrested. At the
moment, Alakbarov is kept at Shuvalan jail in Baku.
7.
Shaki-
according to the report of the Party "Vahdat", after the protest
actions held in Shaki, the representatives of the party in the region have been
faced with pressures. According to the report of Tofig Jafarov, deputy chairman
of the party, 9 members of the "Vahdat" Party were arrested in
connection with the Shaki incidents. Sadig Samadov, chairman of the party's
local branch, deputies chairman, and chairman of the party's Supreme Assembly
are also among the arrested. The Republic prosecutor has not replied to the
claims of the party's leadership that their lawyer will prove that they were
detained illegally. The relatives of the arrested stated that they were
tortured.
8.
Shamkir-
chairman of Shamkir election district no.99 has violated the electoral rights of
Eldaniz Guliyev, who wanted to join the additional elections. The chairman of
the DEC has refused to give signature sheets to Guliyev without any ground. The
appeal of the candidate to the CEC on the illegality has stayed without any
results. It is notable that Guliyev is independent.
9.
Baku-
registered the candidacy of Mais Safarli, chairman of the party "Yurddash",
from the 1st Khatai election district no.9. In the words of Safarli,
there was done serious fraudulence in that district. It is notable that the
results of polls at the election district no.9 were annulled with the decision
of the Constitutional Court for being accompanied with total falsifications at
the November 5th elections. But the members of the commission that
did those falsifications were not changed. While the law-enforcement agencies
were given information about the acts of those persons, they did not take any
measures.
In
addition, the results of polls in that district were changed in favor of Maxim
Musayev, a member of the NAP and former deputy, and he had a role in
falsification, as well. But the candidacy of Musayev is registered this time,
too. In the words of Safarli, all the candidates that want to participate in the
additional elections at the election district no.9 have been registered. Even
Arif Aliyev, a member of the NIP, was given signature sheets 2 days till the
date for gathering signatures in support of the candidates. As, it is impossible
to gather the required 2,000 signatures during 2 days, but the DEC has
registered his candidacy, as well. In the opinion of Safarli, the preparation
process for the elections has formal character, and he doubts the results from
now. The election campaign for the additional polls has already begun. Safarli
also stated that there are un equal conditions for all the candidates for
holding the election campaign, as well.
10.
Imishli-
there has already begun falsifications at the campaign of gathering signatures
at the Imishli election district no.68. According to the report given to the
Hotline, Famil Mammadov, a teacher of the Technical University, must be elected
as a deputy by the order of Vidadi Guliyev, head of the local government.
According to the report, as a result of a search held in the DEC, it was known
that signatures collected in support of Mammadov were invalid. The chairman and
members of the DEC have taken part in the campaign of gathering signatures
against the law. But nevertheless, the DEC has registered the candidacy of
Mammadov.
The report also says that Guliyev, head of the regional government, has ordered the station election commissions that Mammadov must, certainly, be elected a deputy.
Last updated: May 2001
A print version of much of the information contained in this NIS Third Sector Organizations section can be found in the The Post-Soviet Handbook (Seattle and London: University of Washington Press, 1999).
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