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Election observation report | Doc. 13923 | 20 November 2015

Observation of the parliamentary elections in Azerbaijan (1 November 2015)

Author(s): Ad hoc Committee of the Bureau

Rapporteur : Mr Jordi XUCLÀ, Spain, ALDE

1. Introduction

1. The Bureau of the Parliamentary Assembly, at its meeting on 22 June 2015, decided to observe the parliamentary elections in Azerbaijan on 1 November 2015 and constituted an ad hoc committee for this purpose composed of 30 members (SOC: 11; EPP/CD: 10; ALDE: 4; EC: 3; UEL: 2) as well as the co-rapporteurs of the Monitoring Committee. The Bureau also authorised a pre-electoral mission. On 26 June 2015, the Bureau approved the composition of the ad hoc committee, appointed Mr Jordi Xuclà (Spain, ALDE) as its Chairperson and decided to review, at its next meeting, the situation regarding the Azerbaijani authorities giving their assurance that all the members of the ad hoc committee would be granted access to Azerbaijan to observe these elections and the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR) being given the possibility to deploy a long-term observation mission.
2. On 31 August 2015, the Bureau reviewed the situation in the light of the OSCE/ODIHR having been invited to deploy a long-term observation mission and of a letter from Mr Ogtay Asadov, Speaker of the Milli Mejlis, on the issue of access to the territory of Azerbaijan for some members of the ad hoc committee, and approved the updated composition of the ad hoc committee. On 28 September 2015, the Bureau reviewed the situation in the light of the OSCE/ODIHR decision to cancel its observation mission; confirmed its decision to observe these elections, took note of the press release of the pre-electoral mission which had taken place from 20 to 23 September 2015 and approved the final composition of the ad hoc committee. On 2 October 2015, the Bureau approved the last changes in the composition of the ad hoc committee (Appendix 1).
3. Under the terms of Article 15 of the co-operation agreement signed between the Parliamentary Assembly and the European Commission for Democracy through Law (Venice Commission) on 4 October 2004, an expert from the Venice Commission was invited to join the ad hoc committee as an advisor. Mr Manuel González Oropeza took part in the work of the ad hoc committee on behalf of the Venice Commission.
4. The pre-electoral delegation was in Baku from 20 to 23 September 2015 to evaluate the state of preparations and the political climate in the run-up to the parliamentary elections on 1 November 2015. The multiparty delegation was composed of four members.
5. During the pre-electoral visit to Baku, the delegation held meetings with the Speaker of the Parliament of Azerbaijan, the Minister for Foreign Affairs, members of Azerbaijan’s delegation to the Parliamentary Assembly, leaders and representatives of parliamentary groups and parties represented in the parliament, leaders and representatives of opposition parties not represented in the parliament, the Chairperson of the Central Election Commission, representatives of the diplomatic corps in Baku and representatives of civil society and the media. The statement of the pre-electoral mission is set out in Appendix 2.
6. For the main election observation mission, the ad hoc committee regrets that it had to operate outside the usual framework of an International Election Observation Mission, as none of its usual partners (OSCE/ODIHR, OSCE-PA, European Parliament) were present in the country to observe the elections. This somewhat limited the scope of the PACE election observation mission, in particular as regards an assessment of the media environment, freedom of association prior to the elections and the electoral campaign in general.
7. The ad hoc committee met in Baku from 30 October to 2 November 2015. It had meetings with leaders and representatives of parliamentary groups and parties represented in the parliament, leaders and representatives of some opposition parties not represented in the parliament, the Chairperson of the Central Election Commission, representatives of the international community and a number of representatives of civil society and the media. The programme of the meetings is set out in Appendix 3.
8. On polling day, the ad hoc committee split into 16 teams which observed the elections in Baku and its outskirts, as well as in the following regions and municipalities: Sirvan, Sumgayit, Samaxi, Qobustan, Yasamal, Kurdamir, Saatli, Ismayili and Siyazan.
9. The ad hoc committee concluded that the elections had been held in accordance with the Election Code of Azerbaijan, which provides a legal framework for the democratic conduct of elections and that, despite a number of shortcomings, the significant increase in voter turnout and the increased transparency of voting and counting procedures demonstrated another step forward taken by the Republic of Azerbaijan towards free, fair and democratic elections. It also concluded that the result of this vote expressed the will of the Azerbaijani people. However, the ad hoc committee noted with regret that serious concerns in the sphere of human rights still remain in Azerbaijan as, in particular several human rights defenders and NGO activists are imprisoned on various charges. The ad hoc committee’s statement is reproduced in Appendix 4.

2. Political context and legal framework

10. The parliamentary elections of 1 November 2015 were called by President Ilham Aliyev on 28 August 2015. The Parliament of Azerbaijan is a 125-member unicameral parliament.
11. Following the parliamentary elections held on 7 November 2010, the New Azerbaijan Party, which is led by President Ilham Aliyev, got the majority of the votes and had 66 seats. 42 independent deputies composed the second largest parliamentary group. Ten other political parties held 13 seats and four seats were not occupied.
12. The parliamentary elections in Azerbaijan are primarily regulated by two laws: the 1995 Constitution of the Republic of Azerbaijan and the Election Code of the Republic of Azerbaijan.
13. There are also relevant provisions in the Law on Freedom of Assembly, the Law on Radio and Television Broadcasting, the Law on Political Parties, the Law on Non-Governmental Organisations, the Criminal Code, the Code of Administrative Procedure, the Code of Administrative Offences and regulations concerning the Central Election Commission.
14. In March 2008, the OSCE/ODIHR and the Venice Commission issued a joint interim opinion on the draft amendments to the Election Code. The Milli Mejlis adopted amendments on 2 June 2008. Another Venice Commission and OSCE/ODIHR joint opinion was adopted in June 2008 on these adopted amendments to the Election Code. Since then, the Election Code was further amended in June 2010, April 2012 and April 2013, but some recommendations of the Venice Commission were not tackled.
15. In its Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan, the Parliamentary Assembly regretted that “some of the most important recommendations of the European Commission for Democracy through Law (Venice Commission), particularly those regarding the composition of the electoral commissions and candidate registration, have not been addressed”.
16. The ad hoc committee was informed by the representative of the Venice Commission that the European Court of Human Rights (“the Court”) had found a number of violations of the right to free elections (Article 3 of Protocol No. 1 to the European Convention on Human Rights (ETS No. 9)) of applicants who were members of the opposition parties or independent candidates in the framework of the 2005 parliamentary elections. Since 2006, 88 judgments have been issued by the Court regarding Azerbaijan. There are nine cases related to the right to stand for election or arbitrary invalidation of parliamentary elections. These judgments have not yet been implemented by the authorities of Azerbaijan.
17. In its Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan, the Assembly called on the Azerbaijani authorities to “fully implement the judgments of the European Court of Human Rights, in conformity with the resolutions of the Committee of Ministers” and in particular to “speed up the implementation of the outstanding recommendations of the Venice Commission and the decisions of the Committee of Ministers on the execution of the judgments by the European Court of Human Rights in the Namat Aliyev group of judgements”. In this regard, the representative of the Venice Commission noted that the legal framework of Azerbaijan has not been substantially reformed and decisions by the European Court of Human Rights have not been implemented.
18. On 7 October 2015, the Secretary General of the Council of Europe informed the Committee of Ministers of his decision to withdraw the Council of Europe’s participation in the joint working group on human rights issues in Azerbaijan. Since October 2014, a Council of Europe representative had been attending meetings in Baku intended to revive the dialogue between civil society and the Azerbaijani authorities but, despite this initiative, the overall situation of human rights defenders in the country has deteriorated. According to the Secretary General, an increased number of human rights defenders has recently been imprisoned.
19. On 15 October, the President of the Parliamentary Assembly, Anne Brasseur, wrote to President Aliyev expressing her “deepest concerns” over the deterioration of the situation in Azerbaijan as regards democracy, human rights and the rule of law.
20. Some political parties from the opposition decided not to participate in the elections of 1 November. The Popular Front had announced its intention to boycott the process a long time in advance. Shortly before the election day, the Musavat Party announced it was withdrawing from the race.

3. Election administration and registration of voters and candidates

21. The 125 members of the parliament are elected under a plurality system in 125 single-member constituencies for a term of five years.
22. Elections to the Milli Mejlis are administered by the Central Election Commission (CEC), 125 constituency election commissions (ConECs) and 5 386 precinct election commissions (PECs). The 18 members of the CEC are elected by the Milli Mejlis. The election commissions are permanent bodies appointed for a term of five years. One third of the members of all commissions should represent respectively the parliamentary majority, the parliamentary minority and independent members of parliament. Chairpersons of all election commissions represent the majority in parliament whereas election commissions’ secretaries (two per election commission) represent the minority in parliament and the independent members of parliament. They are all elected among the election commissions. Additionally, it should be noted that “minority” would benefit from clarification in the Election Code as it does not necessarily represent the opposition or the “independent” members in parliament.
23. The CEC has the duty to ensure the preparation and organisation of elections to the Milli Mejlis, including updating the nationwide voter register and reviewing complaints against the decisions of Constituency election commissions. The CEC also has the duty to register the candidates and to appoint the ConECs, which are the first instance for most of the complaints. PECs are appointed by the relevant ConECs. The election precincts are formed with the purpose of conducting voting and of counting procedures.
24. The reform of the composition of the electoral administration has not been done, despite recurrent recommendations from the Venice Commission. Reforming their composition would assure public confidence in the electoral administration, and in particular the confidence of the political parties competing for election. This key issue about the composition of the CEC and of territorial election commissions has not been addressed in the recently adopted amendments to the Election Code.
25. Additionally, the European Court of Human Rights has found in the case of Gahramanli and Others v. Azerbaijan that the current system of electoral administration in Azerbaijan, which results in a particularly high proportion of pro-ruling-party members making up the structural composition of the electoral commissions, had been one of the systemic factors contributing to the ineffectiveness of the examination of the applicants’ complaints on electoral irregularities. Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan recalled that “the authorities responsible for the administration of elections should function in a transparent manner and maintain impartiality and independence. Effective remedies are essential to ensure trust in the electoral process”. In particular it called on the Azerbaijani authorities to “take the necessary measures to resolve the problems revealed by the Court’s judgements as regards the independence, transparency and legal quality of procedures before the electoral commissions and to further improve the system of monitoring the conformity of the elections in order to prevent any arbitrariness and allow for effective judicial supervision over the procedures”.
26. Every citizen who is 18 years old has the right to vote except those recognised as incapacitated by a court. Voters’ registration is passive in Azerbaijan. The CEC supervises the voter list, based on the place of residence. After the voter list is submitted for public review, eligible voters who are not included in the list may be registered before or on election day by PECs. In the 2008 joint Opinion on the draft amendments to the Election Code, the Venice Commission underlined that this provision could facilitate the counting of votes while it appears to exclude judicial review of questionable decisions to add voters on election day. A total of 5 093 289 voters were registered for these elections.
27. According to Article 85 of the Constitution, the right to stand for election is provided for citizens who are at least 25 years old. In addition, citizens who have dual citizenship or who have been condemned for a serious crime may be deprived of their right to stand for election. The same provision also lists officials who are not eligible to be elected, such as judiciary officials, government officials and religious officials.
28. Candidates may be self-nominated or nominated by a group of voters, by political parties or by a coalition of parties. For this purpose, candidates have to collect at least 450 voters’ signatures in support of their candidacy. The Election Code allows citizens to provide their signatures to more than one candidate. The CEC received a number of complaints for these elections, mainly regarding denials of candidate registration. A number of appeals were accepted while others were rejected by the CEC on the grounds of invalidity of signatures. As out of 1 575 candidatures, 275 applications were rejected, this matter needs further clarification. Some ten candidates – out of 12 – from the NIDA movement were not registered and the ad hoc committee was informed, but not in detail, that some REAL Movement applications were not registered either.
29. The Venice Commission has repeatedly stressed that the requirements for candidacy should be reviewed, as some provisions are not sufficiently precise and some can be considered unreasonable restrictions. Transparency should be increased with regard to the registration process. The implementation of existing legal provisions on candidate nomination and registration should be improved by increasing the transparency of verification rules and procedures. Decisions to reject candidacies should be well-grounded and reasoned. In its decision adopted on 24 September 2015 on the execution of the group of Court judgments Namat Aliyev, the Committee of Ministers deplored that none of the measures identified by the Committee of Ministers to further enhance the functioning of electoral commissions and the real capacity of the courts to review the legality of elections had been adopted to date.
30. In a judgment of June 2015 in the Tahirov v. Azerbaijan case, the Court held that signature verification procedures did not provide sufficient safeguards to prevent arbitrary decisions. The Court therefore concluded the violation of Article 3 of Protocol No. 1 following an arbitrary refusal to register an independent candidate in the 2010 parliamentary elections.

4. Electoral campaign, campaign financing and media environment

31. Campaign funding is provided by candidates’ and political parties’ own resources. There is no public funding. The Election Code prohibits foreign and anonymous donations as well as donations from State bodies, military units, international and charitable organisations as well as from religious associations.
32. Candidates have to open a special election account for all election-related expenses. Political parties and coalitions registered in more than 60 single-mandate constituencies may establish a unified election fund. Candidate funds cannot exceed 500 000 Manats (the current exchange rate is approximately 1.15 Manats for 1 euro). A contribution limit is also set at 3 000 Manats for individuals and 50 000 Manats for legal entities. Candidates are obliged to submit a financial report three times: an initial report upon registration, a second report between 10 and 20 days prior to election day and a final report at the latest after the official publication of the final results. In both 2004 and 2008, the Venice Commission highlighted that “the election financing provisions in Articles 94 and 95 are too complex and impose a rather cumbersome burden on candidates and parties”. Therefore, this obligation to open a special election account is to be considered as an obstacle to candidates.
33. According to Article 50 of the Constitution, freedom of expression and media freedom are protected. The period of pre-election campaign is mainly regulated by Chapter 13 of the Election Code. As established by legislation, the official pre-election campaign regarding elections to the Milli Mejlis begins 23 days prior to voting day and lasts until 24 hours prior to election day. However, according to some NGOs, it is almost impossible to organise meetings and many NGO representatives are in prison on various charges. Bank accounts of some NGO members have been blocked and they couldn't open an election account.
34. Political parties or coalitions of political parties with candidates registered in more than 60 single-mandate election constituencies have the right to free airtime on public television and radio companies and free space in State-funded newspapers. A press group established under the CEC and composed mainly of journalists is in charge of supervising compliance of the election campaign in the mass media with legislation. This law is however leading to discrimination, as the ruling party is granted free air time and it can be estimated that 90% of the news gives the government the advantage.
35. In its Opinion of 2013 on the legislation pertaining to the protection against defamation of the Republic of Azerbaijan, the Venice Commission underlined that “13 years after the country’s accession to the Council of Europe, enjoyment of freedom of expression remains considerably problematic in Azerbaijan. Journalists and the media continue to operate in a difficult environment and self-censorship is allegedly high among newspaper editors and journalists, in particular those who seek to expose economic and political corruption in the country”.
36. In the framework of the execution of the Court’s cases Mahmudov and Agazade v. Azerbaijan and Fatullayev v. Azerbaijan, Committee of Ministers Resolution CM/ResDH(2014)183 had reiterated concerns as regards the arbitrary application of criminal laws to restrict freedom of expression.
37. The situation of freedom of expression, including freedom of the media, in Azerbaijan has been a long-standing concern, with the practice of criminal prosecution of journalists and others who express critical opinions.

5. Polling day

38. On election day, polling stations were open from 8 a.m.to 7 p.m. As mentioned above, the ad hoc committee split into 16 teams which observed the elections in Baku and its outskirts, as well as in the following regions and municipalities: Sirvan, Binequedi, Sumgayit, Samaxi, Qobustan, Yasamal, Kurdamir, Saatli, Ismayili and Siyazan. In total, 103 polling stations were observed.
39. Identification of voters was based on citizens’ voter cards, IDs or other identification documents. In order to prevent multiple voting, voters had their left thumb marked with invisible ink.
40. The Election Code provides the possibility of voting by mobile ballot. Voters wishing to vote through mobile voting because of health reasons have to submit a request to the constituency election commission no later than 12 hours before election day. The mobile ballot box is only used on election day. The Venice Commission underlined the increasing opportunity for voting with this system while pointing out the possibility of fraud due to the fact that the mobile ballot box is not used in a controlled voting environment. Moreover, the mobile ballot boxes used for the elections of 1 November were not rigid boxes but made of flexible material and “secured” by an unsealed zipper, which raised serious questions about the secrecy of the ballots inside.
41. Exit polls were conducted outside a number of polling stations in Baku, organised by “Voice of the country” (ELS).
42. The ad hoc committee noted that the election day was calm and peaceful across the country and that the voting process was observed to be adequate and generally in line with international standards.
43. Election observation teams were deployed from pre-opening and opening of polling stations, during voting and finally during the closing of the polling station and counting of the votes. Teams were asked to complete observation forms at each stage, and to conclude each observation with an assessment, rating from VERY GOOD – GOOD – BAD – VERY BAD.

Summary of assessments by PACE Election Observation Mission:

 

OPENING

VOTING

COUNTING

Very good

6

55

3

Good

4

24

3

Bad

1

6

1

Very bad

0

0

0
44. During election day, the chair and staff of the mission were co-ordinating observation teams, and ready to take note of comments, answer questions and act in case of possible incident. Only one message was received, from team No. 3, noting that all was “OK”.
45. At the end of election day, all members were invited team by team to inform the chair of the observation mission about their personal findings and to give their general assessment. Based on these interviews and on written findings from observation forms, the chair of the mission drafted a preliminary statement, including different comments and positions into a compromise proposal, to be discussed during the debriefing meeting the next morning.

6. Debriefing and press conference

46. Early in the morning of 2 November, the CEC announced the official results of the elections:
  • New Azerbaijan Party: 70 seats
  • Civic Solidarity Party: 2 seats
  • Azerbaijan Social Prosperity Party: 1 seat
  • Civic Unity Party: 1 seat
  • Democratic Enlightenment Party: 1 seat
  • Great Order Party: 1 seat
  • Motherland Party: 1 seat
  • National Revival Movement Party: 1 seat
  • Party for Democratic Reforms: 1 seat
  • Social Democratic Party: 1 seat
  • Unity Party: 1 seat
  • Whole Azerbaijan Popular Front Party: 1 seat
  • Independents: 43 seats
47. The voter turnout was 55.7%.
48. At the start of the debriefing meeting around 9 a.m., the chair distributed a preliminary draft, which was discussed by 23 members of the ad hoc committee. The assistance by the Venice Commission, within their mandate to give legal advice on the legal framework, was welcomed. After an exchange of views and debate, the draft statement was put to the vote. The draft was carried with 16 in favour and 7 against.
49. Three members, disagreeing with the text, announced their intention to issue publicly a dissenting statement (Appendix 5). It is however very regretful that this dissenting statement was entitled “Statement of preliminary findings and conclusions by members of the PACE Observation Mission of Elections to parliamentary elections in Azerbaijan, 1 November 2015”, thus in such a way creating clear perception to the media that it was the official PACE statement. All this gave rise to confusion and did not promote the credibility of the Parliamentary Assembly of the Council of Europe.
50. On 11 November 2015, the title of their text was changed to “Dissenting statement of...”.
51. Two members of the UEL Group, present at the meeting, also posted a different opinion on their website on 2 November 2015 (Appendix 6).

7. Conclusions and recommendations

52. The ad hoc committee stated, in its press release, that the elections were held in accordance with the Election Code of Azerbaijan, which provides a legal framework for the democratic conduct of elections.
53. The significant increase in voter turnout and the transparency of voting and counting procedures demonstrate another step forward taken by the Republic of Azerbaijan towards free, fair and democratic elections. The ad hoc committee was of the opinion that the result of this vote expressed the will of the Azerbaijani people.
54. The election day was calm and peaceful across the country. The voting process was observed to be adequate and generally in line with international standards. Voters had full and unimpeded access to polling stations and there were no incidents reported by the observers. The Central Election Commission contributed to the transparency of the process by releasing updates from the opening of the polls until the end of the counting and tabulation of the results.
55. The preparation for the elections and the voting processes were professionally and technically well organised. Observers noted improvements in the access of voters to information, the inclusiveness of voter registration and the quality of electoral materials.
56. Throughout election day, no major or systemic violations of the Election Code were observed. However, in a few polling stations minor ballot stuffing and some group voting was observed, which would not have been possible if voting procedures had been fully respected. The ad hoc committee calls on the CEC to duly investigate and to report on this irregularity and in the meantime welcomes the decision by the CEC to cancel the results in constituency No. 90, based on aforementioned irregularities.
57. No acts of pressure on voters or any other incidents in or near the polling stations were observed. There was no police presence around the polling stations or any campaign and electoral materials nearby. On the other hand, the ad hoc committee considers that security cameras in schools should be covered in the future to fully ensure the privacy of the vote.
58. During the count, some shortcomings, mainly related to gaps in the expertise of electoral staff, were observed. The ad hoc committee urges the CEC to further improve the training of staff in this area.
59. The ad hoc committee stresses the need to continue reforming the electoral administration and for improving the candidate and voter registration system, as well as implementing other general reforms of the legal framework for elections, based on the recommendations of the Venice Commission.
60. Besides electoral issues, the ad hoc committee notes with regret that serious concerns in the sphere of human rights still remain in Azerbaijan as, in particular, a large number of human rights defenders and NGO activists are imprisoned on different charges. It therefore calls on the Azerbaijani authorities to urgently improve the situation of human rights and to continue the democratic development of the country after the elections. It encourages the Azerbaijani authorities to take careful note of the indications given by the Committee of Ministers, as well as of the recommendations made by the Commissioner for Human Rights of the Council of Europe, the Venice Commission and Assembly Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan.
61. The ad hoc committee underlined also the importance of the findings of other international organisations (European Parliament, OSCE Parliamentary Assembly and OSCE/ODIHR) regarding previous and more recent elections in Azerbaijan.
62. In its Resolution 2062 (2015), the Assembly regretted that some important recommendations of the Venice Commission, particularly those regarding the composition of the electoral commissions and candidate registration, have not yet been addressed. It recalled that the authorities in charge of electoral administration should function in a transparent manner and maintain impartiality and independence.
63. The ad hoc committee calls on the authorities of Azerbaijan to:
  • take note of relevant recommendations of the Venice Commission on improving electoral legislation and make use of the expertise of the Venice Commission;
  • honour its obligations to the Council of Europe in the field of human rights and fundamental freedoms;
  • implement the decisions of the European Court of Human Rights related to Azerbaijan.
64. As Azerbaijan is a country under the Assembly’s monitoring procedure, the ad hoc committee recommends that the Assembly continue its co-operation with the Azerbaijani authorities, in order for Azerbaijan to fulfil its obligations and commitments, as agreed upon its accession to the Council of Europe.

Appendix 1 – Composition of the ad hoc committee

(open)

Based on the proposals by the political groups of the Assembly, the ad hoc committee was composed as follows:

  • Jordi XUCLÀ (Spain, ALDE), Chairperson
  • Socialist Group (SOC)
    • Franck SCHWABE, Germany
    • Maria GUZENINA, Finland
    • Sílvia BONET PEROT, Andorra
    • Maryvonne BLONDIN, France
    • Stefan SCHENNACH, Austria
    • Michael McNAMARA, Ireland
    • Arcadio DíAZ TEJERA, Spain
    • Attila MESTERHÁZY, Hungary
    • Ute FINCKH-KRÄMER, Germany
  • Group of the European People’s Party (EPP/CD)
    • Pedro AGRAMUNT, Spain
    • Aleksandra DJUROVIĆ, Serbia
    • Valeriu GHILETCHI, Republic of Moldova
    • Aleksandar NIKOLOSKI*, “The former Yugoslav Republic of Macedonia”
    • Cezar Florin PREDA, Romania
    • Senad ŠEPIĆ, Bosnia and Herzegovina
    • Karin STRENZ, Germany
    • Marija OBRADOVIĆ, Serbia
  • Alliance of Liberals and Democrats for Europe (ALDE)
    • Alain DESTEXHE, Belgium
    • Andrea RIGONI, Italy
    • Jordi XUCLÀ*, Spain
    • Adele GAMBARO, Italy
  • European Conservatives Group (EC)
    • Oleksii HONCHARENKO, Ukraine
    • Egemen BAĞİŞ*, Turkey
  • Group of the Unified European Left (UEL)
    • Ögmundur JÓNASSON, Iceland
    • Ioanneta KAVVADIA, Greece
  • Rapporteurs of the Monitoring Committee (ex officio)
    • Agustín CONDE*, Spain
    • Tadeusz IWIŃSKI, Poland
  • Venice Commission
    • Manuel GONZALEZ OROPEZA, member
    • Alberto GUEVARA CASTRO
  • Secretariat
    • Bogdan TORCĂTORIOU, Administrative Officer, Election observation and Interparliamentary Co-operation Division, Parliamentary Assembly
    • Angus MACDONALD, Press Officer, Parliamentary Assembly
    • Gaël MARTIN-MICALEF, Administrator, Venice Commission
    • Franck DAESCHLER, Principal administrative assistant, Election observation and Interparliamentary Co-operation Division, Parliamentary Assembly
    • Anne GODFREY, Assistant, Election observation and Interparliamentary Co-operation Division, Parliamentary Assembly
    • Alberto GUEVARA CASTRO

*Members of the pre-electoral mission

Appendix 2 – Statement by the pre-electoral delegation

(open)

Strasbourg, 23.09.2015 – A pre-electoral delegation from the Parliamentary Assembly of the Council of Europe (PACE) visited Baku on 21 and 22 September 2015 to assess the pre-election process and the preparations for the parliamentary elections to be held in Azerbaijan on 1 November 2015.

The delegation welcomed the openness of the Azerbaijani authorities and the invitation being extended to a large number of international organisations to observe the forthcoming parliamentary elections, including long-term observers from OSCE/ODIHR.

To the regret of the pre-electoral PACE mission, no agreement was reached between OSCE/ODIHR and the Azerbaijani authorities on the number of observers to be deployed and the methodology, so eventually this observation mission was cancelled by OSCE/ODIHR.

The PACE pre-electoral mission nevertheless insists on fully carrying out – even increasing – the PACE observation mission as scheduled, as observation of elections in a PACE member State under monitoring is an essential, even statutory, part of the PACE monitoring procedure. Moreover, the final report of the PACE electoral mission is a necessary tool for the Assembly, both as a basis for political debate on the conduct of the elections, and for maintaining institutional dialogue with the parliament of this State.

A large number of independent interlocutors stressed that progress has been made since the last parliamentary election five years ago, and that the country should not be isolated.

The pre-electoral mission delegation was informed by the Central Electoral Commission (CEC) about the different stages of the preparation of the parliamentary elections. According to the CEC, no complaints have been submitted to it so far.

Representatives from the extra-parliamentary opposition highlighted the importance of equality of opportunity for all candidates, inter alia the collection of signatures in a free manner, and of preventing the misuse of administrative resources in favour of the ruling party. The PACE pre-electoral mission welcomes in particular the fact that some major opposition parties have decided to co-operate within a political alliance to enhance their chances of being elected.

Also during a round-table meeting with a large number of NGOs, human rights defenders and civil society activists, interlocutors unanimously called for this election observation mission by PACE to go ahead.

The election code envisages free airtime for all political parties on State television and radio, and free space in State-funded print media. In this respect, the PACE delegation underlines the great importance of ensuring freedom of expression and freedom of the media in order to ensure a level playing field for all participants and full transparency of the election process.

The PACE delegation was assured by representatives of the Azerbaijani authorities that all necessary measures will be undertaken to guarantee the transparency of the electoral process, including during the voting and counting procedure.

The delegation held meetings with the Speaker of the Parliament of Azerbaijan, the Minister for Foreign Affairs, members of Azerbaijan’s delegation to PACE, the leaders and representatives of parliamentary groups and parties represented in the Parliament, the leaders and representatives of opposition parties not represented in the Parliament, the Chairman of the Central Election Commission, representatives of the diplomatic corps in Baku, and representatives of civil society and the media.

Members of the delegation: Jordi Xuclà (Spain, ALDE), Head of Delegation; Aleksandar Nikoloski (“the former Yugoslav Republic of Macedonia”, EPP/CD); Egemen Bağiş (Turkey, EC); Agustín Conde (Spain, EPP/CD), Rapporteur of the Monitoring Committee

Appendix 3 – Programme of the election observation mission (30 October-2 November 2015)

(open)

Friday 30 October 2015

09:00-10:15 Delegation meeting (Part I):

  • Welcome by the Head of the Delegation
  • Briefing on the pre-electoral mission
  • Briefing by the Venice Commission
  • Logistics and other issues

10:15-11:45 Meeting with members of the diplomatic corps in Baku: Mr Alper Coskun, Ambassador of Turkey, Ms Heidrun Tempel, Ambassador of Germany, Mr José Luis Díez, Chargé d’Affaires a.i., Embassy of Spain, Ms Carine Petit, Ambassador of Belgium, and Ms Malena Mard, Head of the Delegation of the European Union

11:45-12:15 Meetings with leaders and representatives of parliamentary groups and parties represented in the Milli Mejlis (Part I):

  • New Azerbaijan Party: Mr Siyavush Novruzov and Ms Sevinj Fataliyeva

12:15-12:30 Delegation meeting (Part II):

  • Logistics and other issues

14:20-17:00 Meetings with leaders and representatives of opposition parties and movements not represented in the Milli Mejlis:

  • Mr Araz Alizade, Social-Democratic Party
  • Mr Arzukhan Alizade and Mr Elshan Mustafayev, National Independence Party
  • Mr Tahir Karimli, Vahdat Party
  • Mr Hafiz Hajiyev, Modern Musavat party

17:00-18:00 Meetings with leaders and representatives of parliamentary groups and parties represented in the Milli Mejlis (Part II):

  • Parliamentary group of 42 independent deputies: Mr Azay Guliyev; Mr Fuad Muradov; Mr Rovshan Rzayev; Mr Adil Aliyev; Mr Bakhtiyar Aliyev; Mr Chingiz Asadullayev; Ms Govhar Bakhshaliyeva; Mr Rasim Musabayov
  • The other 10 parties represented in the parliament: Mr Fazil Mustafa; Mr Asim Mollozada

Saturday 31 October 2015

09:00-10:30 Meeting with media representatives (round table):

  • Mr Nadir Ismayilov, YeniAzerbaijan newspaper
  • Mr Mehman Aliyev, Turan news agency
  • Mr Umid Mirzayev, Press Council
  • Mr Zeynal Mammadli, Radio Liberty

10:30-12:20 Meeting with NGO representatives (round table):

  • Ms Arzu Abdullayeva, Helsinki Citizens Assembly
  • Mr Chingiz Dadashov, Centre Free and Fair elections
  • Mr Maharram Zulfugarli, Association for Civil Society Development in Azerbaijan
  • Ms Rena Safaraliyeva, Transparency International
  • Ms Saida Godjamanli, Bureau of Human Rights and Law Respect

12:20-14:00 Meeting with Mr Mazahir Panahov, Chairperson of the Central Election Commission

14:00-14:45 Delegation meeting (Part III):

  • Logistics and other issues (continued)

14:45-15:30 Meeting with interpreters and drivers

Sunday 1 November 2015

Election Day: observation of the elections

08:00 Opening of the polling stations

19:00 Closing of the voting procedure, observation of the counting and tabulation procedure

21:00-24:00 Debriefing of members with the Head of Delegation

Monday 2 November 2015

09:10-11:30 Delegation meeting: debriefing and discussion of the draft press statement

13:00 Press conference

Appendix 4 – Press release of the Election Observation Mission

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Strasbourg, 02.11.2015 – The Election Observation Mission of the Parliamentary Assembly of the Council of Europe (PACE) was invited by the Azerbaijani authorities to monitor the parliamentary elections on 1 November 2015.

The Mission comprised 28 members and was led by Jordi Xuclà (Spain, ALDE). The members were deployed in several areas of the country and the capital, Baku, and observed in a wide number of polling stations. The elections were held in accordance with the Election Code of Azerbaijan, which provides a legal framework for the democratic conduct of elections.

It is the consensus of this Mission that election day was calm and peaceful across the country. The voting process was observed to be adequate and generally in line with international standards. Voters had full and unimpeded access to polling stations and there were no incidents reported by the observers. The observation mission therefore congratulates the Azerbaijani people for their peaceful and orderly conduct during this electoral process. The Central Election Commission contributed to the transparency of the process by releasing updates from the opening of the polls until the end of the counting and tabulation of the results.

Based on the observations of the Mission and meetings with other stakeholders, it can be stated that the preparation for the elections and the voting processes were professionally and technically well organised. Observers noted improvements in the access of voters to information, the inclusiveness of voter registration and the quality of electoral materials.

Throughout election day, the Mission did not report any major or systemic violations of the Election Code. However, in a few polling stations minor ballot stuffing was observed. While the Mission could not establish the source or the responsibility for this, it deplores this practice and calls on the CEC to duly investigate and to report on this irregularity.

No acts of pressure on voters or any other incidents in or near the polling stations were observed. There was no police presence around the polling stations or any campaign and electoral materials nearby. A welcome development was the introduction of web cameras in 20 per cent of polling stations, as specifically requested by the Venice Commission. On the other hand, security cameras in schools should be covered in the future to fully ensure the privacy of the vote.

There was wide coverage of election day in local media.

During the count, some shortcomings mainly related to gaps in the expertise of electoral staff were observed, not however influencing the final result. The Mission urges the CEC to further improve the training of staff in this area.

Besides electoral issues, the Mission notes with regret that serious concerns in the sphere of human rights still remain in Azerbaijan as several human rights defenders and NGO activists are imprisoned on different charges.

The PACE mission notes the refusal of the European Parliament, OSCE Parliamentary Assembly and OSCE/ODIHR to deploy their own observation missions. However, the EOM welcomes the presence of multiple local and international observers.

In conclusion, the delegation states that despite the above-mentioned shortcomings, the significant increase in voter turnout and the transparency of voting and counting procedures demonstrate another step forward taken by the Republic of Azerbaijan towards free, fair and democratic elections and that the results of this vote express the will of the Azerbaijani people.

However, the PACE EOM calls on the Azerbaijani authorities to urgently improve the situation on human rights and to continue the democratic development of the country after the elections. The Mission encourages the Azerbaijani authorities to take careful note of the recommendations made by the Commissioner for Human Rights of the Council of Europe, the Venice Commission and Resolution 2062 on the functioning of democratic institutions in Azerbaijan, approved by the Assembly on 23 June 2015.

The Mission also underlines the importance of the findings of other international organisations (the European Parliament, OSCE Parliamentary Assembly and OSCE/ODIHR) regarding previous and current elections.

As Azerbaijan is a country under the Assembly’s monitoring procedure, this Mission recommends to the Assembly to continue its co-operation with the Azerbaijani authorities, in order for Azerbaijan to fulfil its obligations and commitments, as agreed during its accession to the Council of Europe.

Appendix 5 – Statement of preliminary findings and conclusions by members of the PACE Observation Mission of Elections to parliamentary elections in Azerbaijan, 1 November 2015

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We would like to congratulate the people of Azerbaijan on their peaceful campaign and election day and express our regret that the we cannot regard these elections as a step towards free, fair and democratic elections. Though we acknowledge the technical and logistical achievements that mark these elections, the situation in the country with respect to political freedoms, freedom of expression and media, and freedom of assembly and association does not provide conditions for holding free and democratic elections.

The run-up to the elections was marked by a deterioration in respect for human rights which are an essential prerequisite for free and democratic elections.

There has been an apparent intensification of the practice of unjustified or selective criminal prosecution of journalists and others who express critical opinions.

The use of administrative detention against those who organise or participate in “unauthorised” public gatherings has increased and there have been persistent reports of limitations imposed on freedom of assembly, notably the excessive use of force by law-enforcement officials to disperse demonstrations.

Obstacles encountered by NGOs in carrying out their work in Azerbaijan, especially those operating in the field of human rights and those openly critical of the government, have increased. The concerns expressed by the Council of Europe’s Venice Commission regarding the law on non-governmental organisations (NGOs) have not been addressed. Several representatives of independent civil society organisations, such as Leyla Yunus, Arif Yunusov, Intigam Aliyev and Rasul Jafarov, are currently serving prison sentences.

The situation of freedom of expression, including freedom of the media, in Azerbaijan has been a long-standing concern among national and international observers and has deteriorated further, with an intensification of the practice of unjustified or selective criminal prosecution of journalists and others who express critical opinions. A number of media outlets have closed since the previous parliamentary elections, including the Baku office of Radio Free Europe/Radio Liberty, while the independent newspaper Azadliq faces large fines from several pending defamation lawsuits.

Concerns expressed by the Council of Europe’s Venice Commission regarding the Election Code, particularly regarding the composition of the electoral commissions and candidate registration, have also not been addressed.

It is noted with regret that the OSCE’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) was prevented from deploying sufficient long-term observers to carry out its election observation methodology.

We did not come to Azerbaijan to give lessons to the people of Azerbaijan or its government. As a majority of the Bureau of the Parliamentary Assembly voted to send an international election observation mission to Azerbaijan to observe election day under conditions that make it likely that its presence on election day could be interpreted as giving legitimacy to a clearly undemocratic electoral process, in line with the Declaration of Principles for International Election Observation, which the Parliamentary Assembly has endorsed, we have no alternative but to make this public statement to ensure that our presence does not imply such legitimacy.

Signed and endorsed by:

Ute Finckh-Kraemer, MdB (SOC, Germany)

Michael McNamara, TD (SOC, Ireland)

Frank Schwabe, MdB (SOC, Germany)

Attila Mesterházy (SOC, Hungary) (signature added several days later)

Appendix 6 – Statement by UEL members posted on 2 November 2015

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The parliamentary elections in Azerbaijan on 1 November revealed some positive developments in election procedures in comparison with previous parliamentary elections held in the country, according to the findings of the Election Observation Mission of the Parliamentary Assembly of the Council of Europe, of which we, the undersigned, were part. This is rightly stated in the election Mission’s report. And of course this development should be commended.

These positive trends should, however, have been put into a more critical context in the Mission report, as would have been the case had our amendments to the text been taken into account. Our recommendation was to rephrase parts of the report with the following:

“In the light of allegations of human rights violations in Azerbaijan, including the imprisonment of social critics and activists as well as journalists, confirmed by the European Court of Human Rights, the Venice Commission and the Council of Europe Commissioner for Human Rights, and in the light of the lack of an adequate pluralistic framework, including equal access to the media, it cannot be agreed that the elections were up to the democratic standards set by the Council of Europe for free and fair elections.
It is, however, taken note of that, in spite of these serious shortcomings, a significant increase in voter turnout from previous parliamentary elections and increased transparency of electoral procedures, demonstrate positive steps in a democratisation process in the country.”

We supported the decision to send a monitoring commission to Azerbaijan because we see this as an effort to strengthen democratic processes in the country. This we did in spite of our knowledge of very serious shortcomings as regards human rights in Azerbaijan; a situation that the Commissioner for Human Rights maintains is deteriorating. It is imperative to take his reports to this effect seriously.

When monitoring elections under such circumstances the objective of the Council of Europe, which after all was established to set norms for democracy and human rights, is to highlight such developments as well as the interplay between the election itself on the one hand and its framework with regard to human rights and democratic plurality on the other. All these factors should form an integral part of monitoring elections by the Council of Europe.

In the concluding report of the Election Observation Mission there are indeed references made to the Venice Commission and the Commissioner for Human Rights. What was lacking, however, in our opinion, was emphasising that respect for human rights must always be regarded as a precondition for the functioning of democracy.

Azerbaijan wants to be taken seriously as an aspiring democratic State. This is exactly what the Council of Europe should do when it comes to assessing Azerbaijan’s constructive way forward.

Baku, 2 November 2015

Ioanneta Kavvadia (UEL, Greece)

Ögmundur Jónasson (UEL, Iceland)