Doc. 10003

27 November 2003

Ad hoc Committee to observe the presidential election in Azerbaijan (15 October 2003)

Report

Bureau

Rapporteur: Mr Daniel Goulet, France, Liberal, Democratic and Reformers’ Group

Introduction

1.       In response to an invitation by the Milli Mejlis, the Parliamentary Assembly Bureau decided on 27 May 2003 to set up an ad hoc committee to observe the presidential election in Azerbaijan held on 15 October 2003; initially the committee consisted of 10 members and was subsequently enlarged to 35 members on 8 September 2003. The ad hoc committee acted as part of the international election observation mission (IEOM), which also included the election observation mission of the Organisation for Cooperation and Security in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ ODIHR) and the election observation mission of the OSCE Parliamentary Assembly.

2.       Following proposals by political groups in the Assembly, the ad hoc committee consisted of:

socialist group (soc)

Mme Josette DURRIEU       France

Ms Jane GRIFFITHS       United Kingdom

Mr Andreas GROSS       Switzerland

Ms Sinnika HURSKAINEN       Finland

M. Jean-Marie LE GUEN       France

Mme Ruth-Gaby VERMOT-MANGOLD       Switzerland

M. Luis YAÑEZ BARNUEVO       Spain

group of the european people’s party (epp/cd)

M. Pedro AGRAMUNT       Spain

Mrs Ina DRUVIETE       Latvia

M. Aldolfo FERNANDEZ AGUILAR       Spain

Mr Peter LETZGUS       Germany

M. Guillermo MARTINEZ CASAÑ       Spain

M. Julio PADILLA       Spain

Mr Jerzy SMORAWINSKI       Poland

liberal, democratic and reformers’ group (ldr) /

M. Claude FREY       Switzerland

M. Daniel Goulet       France

Ms Lilli NABHOLZ-HAIDEGGER       Switzerland

european democratic group (edg)

Mr Mevlüt ÇAVUŞOĞLU       Turkey

Mr Ilyas UMAKHANOV       Russia

group of the unified european left (uel)

Mr Anatoliy RAKHANSKY       Ukraine

secretariat

Mr Vladimir DRONOV, Head of the interparliamentary cooperation unit

Mr David Cupina Co-Secretary in the Legal Affairs Committee

Ms Raphaelle MATHEY, Co-Secretary in the Monitoring Committee

Ms Farida JAMAL, Co-ordinator

Ms Anita DYSERINCK, Assistant

3.       The ad hoc committee met on 1 October 2003 in Strasbourg, then on 13-16 October 2003 in Baku. Mr Martínez-Casañ was elected President of the ad hoc committee and I was appointed rapporteur at the first meeting. For the report by the pre-electoral mission in Baku, which went there at the invitation of the Milli Mejlis a month before the election was held (15-16 September 2003), reference may usefully be made to the document by Mr Andreas Gross, the Head of the Assembly delegation (Doc. As/Bur (2003) 15.

4. Apart from observing the election, members of the ad hoc committee held a series of meetings with the candidates, including a “surprise invitee”, the head of the presidential administration, the president of the Central Electoral Committee, the head and members of the OSCE/ODIHR election observation mission in Azerbaijan and representatives of the media and of NGOs; they also had exchanges of views with members of the Azeri delegation to the Assembly. The President of the Milli Mejlis had previously cancelled his attendance at the meetings intended for observers. A meetings programme is given in Appendix 1.

5. On the day of the election the ad hoc committee split up into 14 teams in order to observe the voting and vote counting in Baku and in outlying areas namely, Sumqayit, Ismaillly, Sabirabad, Sheki, Ali Bayramli, Quba, Xaçmaz, Shamahy, Masally and Lenkeran/Astara. The members visited over a hundred polling stations in the north, south and east of the country. The IEOM joint press communiqué, published at the conclusion of the observation process, is reproduced in Appendix 2.

6. The ad hoc committee enjoyed the support of the OSCE/ODIHR election observation mission in Azerbaijan headed by Mr Peter Eicher, and wishes to stress the good cooperation with that mission. It also wishes to thank the Milli Mejlis for its technical and logistical assistance, and Mrs Inkeri Aarnio-Lwoff, the Council of Europe Secretary General’s Special Representative in Azerbaijan.

The political context

7.       The 2003 presidential election was an important test for the consolidation of democracy in Azerbaijan. This was the first presidential election since Azerbaijan became a member of the Council of Europe in January 2001. The 1998 presidential election, which had been observed by the Parliamentary Assembly and which was a step forward in the democratic development of the country, did not conform to international standards for democratic elections; the Council of Europe’s observers noted serious defects. Thus the 2003 election was eagerly awaited; to such an extent that the largest election observation mission ever set up by the OSCE/ODIHR was deployed in the 124 constituencies, with a complement of 620 observers including 20 Assembly parliamentarians. In addition to these there were 500 other observers from the Commonwealth of Independent States and the International Foundation for Electoral Systems (IFES). There were also 100 foreign journalists covering the election, which was actually commented upon at length in the international press.

8.       Azerbaijan has been subject to a monitoring procedure since its accession. The Committee for Legal Affairs and Human Rights has also taken a keen interest in the situation in that country since 2001, has submitted two reports to the Assembly on political prisoners there and is to submit a new report to the January 2004 part session in order to assess the measures taken to resolve this problem. The President of the Assembly himself had written to the Milli Mejlis to ask for a quick solution to be found. Although Azerbaijan has a somewhat poor reputation in terms of respect for human rights, the Assembly nevertheless refused to hold an urgent debate on the functioning of democratic institutions in the States of the southern Caucasus at its September 2003 part session, and the Committee for Legal Affairs and Human Rights itself decided to defer discussion of its new draft report on political prisoners in Azerbaijan until January 2004 because of the election campaign.

The pre-election period

a. The legal framework

9.       The election was governed by the Electoral Code adopted on 27 May 2003. Since September 2002 the OSCE/ODIHR and the Council of Europe Venice Commission had issued a series of recommendations, most of which were taken into account by the drafters of the code, resulting in substantial changes. Thus the Electoral Code provided a basis for elections that would conform with international democratic standards. However, the Azerbaijan authorities failed to accommodate the proposals of the Venice Commission and the Council of Europe Parliamentary Assembly concerning the proposal to change the composition of the Central Election Commission so as to turn it into a consensus-guided body based on mutual understanding and not on one-sidedness.

10.       Following the ratification by Azerbaijan of the European Convention on Human Rights on 15 April 2002, and in particular Article 3 of Protocol No. 1, complaints related to elections can now be submitted in the form of applications to the European Court of Human Rights in Strasbourg.

11.       The election was organised by a three-level administration comprising the Central Electoral Committee (CEC), 124 constituency electoral committees (ConECs) and 5129 polling station electoral committees (PECs)l at the polling station level.

12.       The CEC consists of 15 members elected by the Milli Mejlis, 6 representing the majority in the Milli Mejlis (multiple mandate constituencies); 3 representing the minority in the Milli Mejlis (multiple mandate constituencies), 3 representing members who represent political parties which have failed to gain seats in multiple mandate constituencies (constituencies with one mandate only) and 3 representing the 4 political parties which have no seats in the Milli Mejlis but came first in the multiple mandate constituencies.

13.       The ConECs consist of nine members appointed by the CEC, on the basis of the same proportional distribution. The PEC consists of six members appointed by the ConECs, also on the basis of the same proportional distribution. The effect of this unbalanced CEC and ConEC composition for this election was that most of the candidates were not convinced that the administration responsible for the elections was impartial. It should be noted that these provisions are transitional, and that the provisions of the Electoral Code strictly speaking will apply with effect from 2005, when the new Milli Mejlis is formed.

14.       Azerbaijani citizens resident abroad had the opportunity to vote in the presidential election in the constituencies in which they originally resided, provided that they had been properly registered in Azerbaijan’s diplomatic missions abroad. Polling stations had also been set up in Azerbaijan’s diplomatic missions with at least 50 registered voters.

15.        The ad hoc committee was informed in the course of its meeting with the president of the CEC that the latter was interpreting the provisions of the Electoral Code regarding observation of elections in such a way that observers and candidates’ representatives would be authorised to observe the ballot and the counting of votes only from a place designated in advance in the polling stations. The rapporteur observed that this was not the case in the region of Lenkaran and that in practically all cases the international observers were authorised to move freely in the polling stations during the ballot and the counting of votes.

b. Registration of voters and candidates

16.       The CEC received fifteen candidacies for the presidency before 6 August 2003, the closing date for registration. Several of the candidates withdrew from the race before the closing date for the withdrawal of candidacies, 5 October 2003, the latest in time being the outgoing president Heydar Aliyev and Ali Kerimli (the former in favour of his son, Ilham Aliyev, the latter in favour of Etibar Mammedov). Three candidates were nominated by citizens’ initiatives. The other candidates were leaders of political opposition parties nominated by their respective parties. The candidates included one woman.

17.       The CEC refused to register five candidates, including Rasul Guliyev, a former President of the Milli Mejlis, on the ground that he was the holder of an American green card (residence permit). A former President of the Republic in exile, Ayaz Mutallibov, was also disqualified because of legal proceedings against him in Azerbaijan. However, in its June 2003 report on political prisoners (see Doc. 9826) the Assembly had asked that these two candidates be allowed to field their candidacies. CEC also refused the candidature of Eldar Namazov for administrative reasons.

18.       While the technical preparations for the election proceeded within the prescribed time-limits, the publication of the voter lists was a notable exception. The voter lists were compiled outside the timeframe allotted by the Electoral Code, which compelled electors who were not registered or incorrectly registered to resort to legal action instead of applying to the SEC. The Electoral Code made provision for the possibility of contesting entries on voter lists before a court within a period running up to 24 hours before the day of the ballot.

19.       Electors wishing to vote at a polling station other than their own could obtain deregistration cards with which they could vote, up to 3 days before the ballot opened. The PEC concerned had a tracking list of these deregistration cards, which was attached to the voter list. Five thousand mobile ballot boxes were provided for persons with limited mobility on the day of the ballot.

20.       The rapporteur underlines that this procedure for a voter to cast his ballot in more than one polling station should be prohibited together with the system of deregistration cards. The lack of computerisation and possibility to control can lead to errors and fraud.

21.       Members of the armed forces were normally registered at the polling station nearest to their facility. However, polling stations were provided at military facilities with over 50 electors. Persons displaced by the conflict in Nagorno-Karabakh could vote in the 10 ConECs for the territories dealt with by the Minsk Conference on Nagorno Karabakh, which were maintained and relocated. One constituency (Xankendi) was eliminated, bringing the initial number of 125 constituencies down to 124.

c. The electoral campaign

22.       The electoral campaign began on 16 August 2003 and quickly became a vigorous campaign with substantial public participation. The twelve candidacies, with candidates from the opposition who had no hesitation in criticising the government, offered the electors a real choice on polling day. The campaign was noteworthy for the absence of one of the candidates, the outgoing President of the Republic, before the announcement of his retirement. The Prime Minister designate, the son of the outgoing president, and seven other candidates, three of whom had boycotted the last presidential election and one standing for election again, were still in the lists by polling day. In fact the election was a test for the survival of the regime in power in Baku. Since Mr Aliyev started as a favourite, those abroad were waiting to see what room for manoeuvre he had available to guide the destiny of the country, assuming that there were no frauds in the election. Since no past election had been declared to be in accordance with international standards, the importance of this vote can be appreciated.

23.       It is regrettable that the electoral campaign was marred by substantial disorder such as the events of 21 September 2003, various methods of candidate intimidation and harassment, candidates trading insults and allegations of electoral fraud. As a result of the cumulative effect of these practices, the electoral campaign proceeded in a climate of high tension due to the lack of mutual trust between government and opposite and to friction within the opposition, which had nevertheless begun to work within an “Opposition Cooperation Council” since 2002.

24.       The pre-electoral delegation from the ad hoc committee, which had gone to Azerbaijan in mid-September 2003, had been aware of the pressure that the authorities had applied to certain bodies in order to favour the candidacy of the Prime Minister designate and to make them display his campaign documents, which means that the rules were not followed, since all candidates were not equal during the electoral campaign. The delegation was also concerned about the lack of transparency in the electoral process, the lack of visibility in the running of the country and the widespread distrust that prevailed there, and specifically recommended that the preliminary results of the vote should be declared immediately within 24 hours by the CEC.

d. The media

25.       State-owned television did meet its legal obligation to offer free air time evenly distributed among all candidates. However its coverage of current events leaned heavily in favour of the Prime Minister designate and the outgoing President (the last interim report by the OSCE/ODIHR referred to an hour and a half of coverage for the Prime Minister designate, 34 minutes for the outgoing President and 9 seconds in total for all the other candidates for the three weeks prior to the publication of the report). The private channels, with the exception of only one, which accepted broadcasting quotas for opposition candidates paid out of the public budget, proved to be even more partial in favour of the Prime Minister designate, virtually ignoring the opposition candidates. Paid broadcasting quotas were the only means whereby the opposition candidates could make themselves heard on the air. For this reason, your rapporteur proposes that a law on the financing of election campaign be rapidly introduced.

26.       The print government media honoured the right to promotional inserts for all candidates, but clearly favoured the Prime Minister designate and the outgoing President, ignoring the activities of other candidates.

27.       The opposition-controlled print media adopts a highly critical tone of the government, is the instrument par excellence for making the opposition’s voice heard, and is the real alternative forum for political discussion.

28.       The campaign was full of incidents involving journalists, and turned into a political settling of scores between the authorities and the opposition. In conclusion the media did not offer the electors the range of impartial information necessary to enlighten them on their choice of the candidate.

Polling day

29.       On polling day the election proceeded under the eyes of 1100 foreign observers and 42000 local observers. Numerous observers remarked the inexperience and obvious lack of training of PEC members, particularly before the polling stations opened. Observers and candidates’ proxies observed a certain number of serious irregularities, such as cases of ballot box stuffing and multiple voting. Moreover, members of the ad hoc committee deployed in Sheki and Sumgayit could feel the tension. Though your rapporteur was turned away from a polling station by the President of the PEC in Astara, the overall impression from the observation that he was able to carry out in the constituencies of Masalli and Lenkaran, gave the feeling of the situation as almost normal.

30       The vote-counting and returning operations were open to doubt. Fresh cases of ballot-box stuffing were found, as well as falsification of some electoral protocols and the results from some polling stations. In addition, preliminary results from some polling stations showed substantial discrepancies relative to the consistent results from other stations. In many polling stations members of the PEC refused to sign the electoral protocols and went to complain to the ConEC. The information which arrived later showed that some of them were allegedly threatened and arrested.

31. The ad hoc committee noticed a substantial number of candidates’ proxies present in practically all the polling stations. Observers from the “Seçki Monitoring Merkezi” were conducting exit polls.

32. Irregularities regarding voter lists were highlighted on polling day: they affected Azeribaijani nationals resident abroad, whose names were not on their PECs’ voter list on polling day, which gave rise to serious disturbances in some polling stations.

Results of the vote and post-electoral events

33.       The CEC declared the final results on 20 October 2003, five days after the ballot. The rate of participation reached 71.2% of the registered electors, slightly more than 3 million voters out of a total of over 4 million electors. The figures gave Ilham Aliyev the victory with 76.84% of the votes (almost exactly the same score as that of his predecessor in the 1998 election), Isa Gambar was second with 13.97%, Lala-Sövkat Haciyeva had 3.62%, Etibar Mammedov 2.92%, Ilyas Ismayilov 1%, Sabir Rüstamxanli 0.82%, Qüdrat Hasanquliyev 0.5% and Hafiz Haciyev 0.34%.

34.       At the time when we were writing, the CEC had decided that the presidential election was over and that the ballot report should be submitted to the Constitutional Court for approval in order to confirm the validity of the vote within the next 14 days, despite the fact that only 12 of the 15 members of the CEC had signed that report. According to the information available, the voting in 694 polling stations out of 5000 was invalidated, following complaints. The CEC decided to send some of these complaints to the office of the Procurator-General of Azerbaijan and to continue the examination of other complaints at a subsequent session. These procedures, to which the Parliamentary Assembly should be conscious, show the normal functioning of the electoral system. The CEC sessions were monitored by representatives of the Council of Europe, the OSCE/ODIHR and the IFES, as well as by diplomats from member-States and national and foreign media.

35.       It is pleasing to note that the CEC, doubtless inspired by recommendations by the pre-electoral mission, was in a position to publish preliminary results within 24 hours after the election, while the Electoral Code required the declaration to be made only within 48 hours. However, the distrust of opposition candidates and of some of their supports before and just after the declaration of the results is a matter for regret; this led to illegal acts, admittedly violently put down by the forces of law and order in particular. The senseless attitude of Isa Gambar, is especially deplorable; he declared himself the victor in the election after the closure of the polling stations and had threatened the authorities on the spot that he would plunge the country into chaos, a threat repeated before members of the ad hoc committee.

36.       The violence was condemned on all sides, notably condemnation by the Secretary General in the Council of Europe. The Council of Europe has called for an enquiry into these events. It is for the sovereign country in question to press on with the necessary enquiries. Your rapporteur has faith in the ability of the new authorities to restore justice.

37.       Fresh information from NGOs is reaching your rapporteur from day to day on arrests of journalists and human rights activists. As well as debates in the Parliament have led to the lifting of parliamentary immunity for purposes of legal proceedings against a deputy from a group with similar aims to the principal loser in the elections; according to various sources, the person in question is under house arrest, awaiting a possible appearance before the court.

38.       In the light of the above, it might be useful to form a mission of the same five members from the pre-electoral mission to re-visit Azerbaijan, to analyse the post-electoral situation, to verify information notably with regard to the arrests and violations of human rights mentioned above, and to inform the President-elect of its pre-occupations and recommendations.

Conclusions and recommendations

39.       Your rapporteur is of the opinion that an analysis of the violent events just after the closure of the polling stations and for several days should not be dealt with as part of this report, but should be tackled in the next report by the Monitoring Committee or the Committee for Legal Affairs and Human Rights. Thus the conclusions in the present report will focus solely on the course of the electoral campaign, the vote as such, and the counting process.

40.       Azerbaijan’s capacity to organise free and democratic elections in accordance with internationally accepted standards is an obligation inherent in Azerbaijan’s accession to the Council of Europe, which was freely undertaken at the time of accession. The ad hoc committee therefore regrets that this election, despite some progress relative to the last elections, falls short of international standards in essential aspects. While it is difficult to assess with exactitude the extent of the irregularities, their very existence mars the electoral process as a whole, but without invalidating it. The ad hoc committee welcomes the publication by the CEC of a breakdown of the election results by constituency. However, it regrets the delays in preparing protocols, beyond the time-limit set by law at 17:00 on 16 October. This factor cannot fail to give the impression that the results from certain polling stations were tampered with. Azerbaijan still has to learn about democracy and the organisation of free and fair elections. The ad hoc committee therefore asks the new government in office in Baku to ensure that the next parliamentary elections in two and a half years are free from any irregularity and in accordance with internationally accepted standards; in particular it asks the government to ensure that the electoral protocols are prepared within the set time-limits.

41.       Although the voters had a real choice on polling day among candidates with differing sensibilities and offering choices of different policies regarding the future of Azerbaijan, it is necessary to supply the electorate with a vast range of pluralist information so that this choice is clarified on polling day. Speaking of which, it also suggests that a public debate among the candidates, demanded by several opposition candidates, could be held during the next elections, the better to bring out their equality. Lastly, the ad hoc committee expresses the hope that the allocation of publicity time for the candidates on public channels and the display of posters of candidates will be satisfactorily resolved in future.

42.       A culture of respect by the opposition for the majority and protection of the opposition by the majority, almost non-existent in this country, must see the light of day. To this end the next government must attempt to have a law passed really guaranteeing equality among the candidates and a clear law on the funding of political parties and electoral campaigns. It will have to set up a clear electorate census procedure and prepare voter lists and identity papers making it possible to recognise each citizen’s right to vote (hundreds, perhaps thousands, of expatriate Azerbaijanis were refused the right to vote on polling day). Other symbolic measures will have to be confirmed, in particular an amnesty law for old and new political prisoners and journalists. At the same time an effort must be made by the member-States for the re-launch of cooperation programmes, with the support of the European Union, whether in respect of the functioning of democracy and separation of powers, access to justice and its normal operation or of awareness of human rights.

43.       Azerbaijan needs the Council of Europe and the Council of Europe needs Azerbaijan. Your rapporteur proposes, on a strictly personal basis, to bet on the willingness of the new President to show his desire for reform and quickly to take steps to consolidate the progress already noted regarding Azerbaijan’s obligations and commitments to the Council of Europe. Failing specific and decisive action between now and the next January 2004 part session, including action in seeking a global solution to the issue of old and new political prisoners, the presumption of good faith which it is sure to share with several of its colleagues will fade.

44.       In conclusion, your rapporteur wishes to see the following improvements introduced, with a specific timetable:

a.       in terms of legislation:

b.       full investigation of all the violent events that occurred after the closure of the polling stations;

c.       put an end to the practice of arbitrary arrests;

d.       setting up of a post-electoral mission comprising the five members of the pre-electoral mission, which would undertake the follow-up and application of these proposals.

APPENDIX 1



Hotel Hyatt Regency

Bakikhanov Street 1

BAKU

Tel. 994 12 98 12 34

Fax 994 12 98 08 17

PROGRAMME

PRESIDENTIAL ELECTIONS AZERBAIJAN, OCTOBER 15, 2003

Simultaneous translation will be provided in English and French during the briefing

Monday, October 13, 2003

10:00 – 10:30

Registration, distribution of the accreditation cards, briefing packs, etc.

10:30 – 11:00

Welcoming Remarks:

    Head of OSCE/ODIHR EOM Mr. Peter Eicher

    Head of the PACE Delegation, Mr. Guillermo Martínez Casañ

    Head of the OSCE PA Delegation, Mr. Giovanni Kessler

11: 00 – 12:00

NGOs involvement in Presidential Elections

Panel discussion

12:00 – 13:00

Panel with media representatives

13:00 – 15:00

Lunch break

15:00 - 16:00

Head of the Presidential Administration, Mr. Ramiz Mehdiyev

16:00 – 17:00

Briefing by the CEC Chairman, Mr. Mezahir Panahov

20:00

Reception given by the Parliament of Republic of Azerbaijan –

Hotel ISR-PLAZA

Tuesday, October 14, 2003

09:15 – 10:00

OSCE/ODIHR Briefing:

    Conclusions on the Long-Term Observation – Head of Mission Peter Eicher

    Political Landscape of the October 15, Elections – Head of the OSCE Office in Baku, Ambassador Burkhard

10: 00 – 12:30

Candidates:

    Ilham Aliyev

    Isa Qambar

    Etibar Mammadov

    Lala-Sövkat Haciyeva

   

12:30 – 13:30

    Election observation – Charles Lasham, IFES

    Logistics/security/deployment - Robert/Alina

14:00

    Meeting drivers and interpreters

    Deployment for Observers outside of Baku

Wednesday October 15 2003

      Observation of Voting

Thursday October 16 2003

8h30       Debriefing of the ad hoc committee

13h00       Press Conference

APPENDIX 2

 

PRESS RELEASE

Azerbaijan voting generally orderly, but electoral process falls short of some international standards

BAKU, 16 October 2003 - Voting in the 15 October Azerbaijan presidential election was generally well administered in most polling stations but the overall election process still fell short of international standards in several respects. International observers noted a number of irregularities in the counting and tabulation.

These are the conclusions of the International Election Observation Mission (IEOM) in Baku, deployed by the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Assemblies of the OSCE and the Council of Europe. The Mission published its preliminary findings today, based on the work of some 600 observers, including more than 40 parliamentarians.

"We are worried about tensions arising from the low level of mutual trust within society," said Giovanni Kessler, Head of Delegation of the OSCE Parliamentary Assembly and Special Co-ordinator of the OSCE Chairman-in-Office for the Short-Term OSCE Observation Mission. "We urge all parties to exercise restraint. This election shows an increased vitality of political life and serious efforts in Azerbaijan towards democracy and international standards."

Guillermo Martínez Casañ, Head of Delegation of the Council of Europe Parliamentary Assembly, said: "We hope this election could mark the beginning of a new era in Azerbaijan in which progress could be achieved through trust, confidence-building and co-operation of all democratic forces in the country. A good development of the election process is crucial for the democratic credentials of the State. We ask all political actors to adhere to legality and democratic standards when defending their legitimate, different, political ideas."

Peter Eicher, Head of the ODIHR Observation Mission, commented: "This election has been a missed opportunity for a genuinely democratic election process. We were particularly troubled by the level of intimidation and unequal conditions for candidates during the campaign. Future progress towards democratic elections will depend first and foremost on the political will of the authorities."

Of special concern were numerous instances of violence, including on election night. In general, campaign conditions were manifestly unequal. A pattern of intimidation against opposition supporters overshadowed the political atmosphere. Access of opposition candidates to state and independent media, apart from free airtime, was severely out of balance. Opposition candidates were faced with serious restrictions on political rallies.

There were nonetheless some positive aspects. Voters had a genuine choice among eight candidates. There was an active campaign, with public participation. Opposition candidates were able to criticize the authorities. The new election code incorporated more safeguards against fraud. The Central Election Committee published immediate and detailed precinct results, as requested. This gave an unprecedented degree of transparency to the election.

The Institutions comprising the IEOM stand ready to continue their dialogue with the authorities and civil society of Azerbaijan to address the concerns arising from these elections.

Ref. 510a03