Plenum of the Constitutional Court of the Republic of Azerbaijan in the composition of judges F. Abdullayev (Chairman), F. Babayev, B. Garibov (judge-rapporteur), R. Gvaladze (judge-rapporteur), E. Mammadov, I. Najafov, S. Salmanova and A. Sultanov (judge-rapporteur)

clerks of court I.Ismayilov and V. Zeynalov;

Chairman of the Central Election Commission M. panakhov, Deputy Chairman S. Gasymova, Secretary N. Mammadov, members F.Javadov, G. Orujov, R. Ibrahimov, A.Tagiyev, I. Mammadov, A. Aliyev, Kh. Fhmadov, V. Kazymova, M. Bayramov, Y. Bagirzadeh and A. Alizadeh;

experts: acting Assistant Professor at the Department of Constitutional Law of the Baku State University’s Faculty of Law, candidate of Law M. Ismayilov and teacher at the same department Sh. Yusubov;

specialists : Employee of the State Statistics Committee of the Azerbaijan Republic I. Hamidova, G. Ahmadova and E. Osanov,

in accordance with article 86 and part III of the article 130 of the Constitutional Court of the Republic of Azerbaijan, and in the course of special constitutional proceeding has considered the constitutional matter regarding the materials on the returns of the November 6, 2005 elections to the Milli Majlis of the Azerbaijan Republic submitted by the Central Election Commission of the Azerbaijan Republic.

Having heard and discussed the reports by Judges A. Sultanov, B. Garibov and R. Gvaladze, statements by Chairman M. Panakhov, Secretary N. Mammadov and members M. M. Bayramov and A. Aliyev of the Central Election Commission of the Azerbaijan Republic, and experts I. Ismaylov and Sh. Yusubov, as well as information by specialist E. Gasymov, the Plenum of the Constitutional Court of the Azerbaijan Republic has

RULED:

In accordance with part II article 84 of the Constitution of the Republic of Azerbaijan, article 145.1 of the Election Code of the Republic of Azerbaijan and July 4, 2005 Executive Order # 876 of the President of the Republic of Azerbaijan On Setting Date for Elections to the Milli Majlis of the Republic of Azerbaijan, Elections to the Milli Majlis of the Republic of Azerbaijan were conducted on the 6th of November, 2005.

In accordance with article 171.2 of the Election Code of the Republic of Azerbaijan, the Central Election Commission of the Republic of Azerbaijan examines voting protocols (along with documents enclosed as provided for in the Election Code) of the district election commissions, and within 48 hours submits them to the Constitutional Court not later than 20 days after the election day.

The Constitutional Court of the Republic of Azerbaijan, in accordance with articles 86 of the Constitution of the Republic of Azerbaijan, 171.1 of the Election Code of the Republic of Azerbaijan and article 54.1 of the Law of the Republic of Azerbaijan “On Constitutional Court” examines and approves elections returns.

In view of the abovementioned requirements of the legislation, on November 23, 2005, the Central Election Commission of the Republic of Azerbaijan submitted the Protocol of the Central Election Commission on overall results of the elections, as well as those (with documents enclosed) of the district election commissions to the Constitutional Court for examination and approval of the returns of the November 6, 2005 elections to the Milli Majlis of the Republic of Azerbaijan of the third call.

Enclosed to the Protocol of the Central Election Commission of the Republic of Azerbaijan were separate opinions of two members of the Central Election Commission. During the session, member of the Central Election Commission has expressed his separate opinion to the Court.

The Constitutional Court of the Republic of Azerbaijan notes that the elections to the Milli Majlis of the Republic of Azerbaijan of the third call had certain distinctive features.

Unlike the previous elections, the candidates to the Milli Majlis of the Republic of Azerbaijan were elected only by majority system. The parliamentary elections were conducted on the base of the single document regulating the whole electoral process, the Election Code of the Republic of Azerbaijan adopted on 27 May 2003. The elections were conducted in all, without exception, election districts of the country including the 112th Khankendi election district for the first time established on the territory of Nagorny Karabakh of the Azerbaijan Republic.

Quota for signature collection for the candidates was reduced from 2000 to 450. Simplification of the candidates’ registration process led to drastic increase in the number of campaigners. Each voter was provided with a voter’s ID card, local NGOs were permitted to observe the elections, voters’ fingers were marked with indelible ink, and exit-poll was conducted.

In order to avoid possible irregularities during the run-up to and conduct of the elections, ensure conduct of the elections in full compliance with the provisions of the Election Code of the Republic of Azerbaijan, effective implementation of the tasks set to local authorities, and electoral rights of citizens, the President of the Republic of Azerbaijan issued Executive Orders #806 of 11 May 2005 “On Improvement of Election Practice in the Republic of Azerbaijan”, and #1062 of 25 October 2005 “On Urgent Measures on Preparation and Conduct of the Elections to the Milli Majlis of the Republic of Azerbaijan”

The Protocol on overall results of the elections submitted by the Central Election Commission of the Republic of Azerbaijan of 23 November 2005 to the Constitutional Court of the Republic of Azerbaijan determines as follows:

total number of voters included to electoral register: 4.675.572;

number of voters who cast ballots: 1.974.036

number of district election commissions: 125

number of protocols of the district election commissions taken as a basis for drawing up the protocol of the Central Election Commission: 121

number of election districts, in which voting results were recognized invalid: 4

number of precincts, in which voting results were recognized invalid: 460

As thus is evident from the of the Central Election Commission of the Republic of Azerbaijan on overall voting results, it determines the candidates elected members of parliament over 121 election districts, in which the voting results are recognized valid.

At the same time, in accordance with the Central Election Commission’s resolutions #44/202 of 8 November 2005, #44/203 of 8 November 2005, #47/12 of 12 November 2005 and # 48/212 of 15 November 2005, the voting results were recognized invalid and annulled in 16 precincts of the 2nd Sungait election district #42, 13 precincts of the 2nd Binagadi election district #9, 19 precincts of the Zagatala election district #110 and 11 precincts of the Ganja election district #38 respectively.

As the number of the precincts, in which the returns were recognized invalid over the mentioned election districts, exceeds 2/5 of the total number of precincts in the given districts, and the number of voters registered in given precincts does ¼ of the total number of voters registered over the given districts, the results of the voting were recognized invalid.

In addition, by the Central Election Commission’s resolutions #45/201 of 8 November 2005 and # 45/204 of 9 November 2005, the results of the elections in 10 precincts of the 2nd Surakhany election district #31 and 12 precincts of the 1st Binagadi district #8 respectively were annulled, and the candidate elected over the given districts, changed.

In accordance with article 171.3 of the Election Code of the Republic of Azerbaijan, the Constitutional Court involved related specialists to examine the documents submitted by the Central Election Commission of the Republic of Azerbaijan; in accordance with article 54.4 of the Law of the Republic of Azerbaijan “On Constitutional Court” it demanded the information on complaints and appeals on violations of electoral rights and legislation from the Court of Appeal of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Ministry of Justice of the Republic of Azerbaijan and the Office of Prosecutor General.

The letter from the Ministry of Justice of the Republic of Azerbaijan #02/1-740 of 25 November 2005, informs that regional (municipal) courts of the Republic scrutinized 20117 appeals on voters’ registration, of which 20105 (99,9%) were responded, and only 12 rejected.

According to the letter from the Court of Appeal of the Republic of Azerbaijan #59-278/05 of 29 November 2005, after the November 6 elections to the Milli Majlis of the Republic of Azerbaijan, the Court of Appeal received 71 cases on actions (negligence) concerning violations of electoral rights. All the cases were scrutinized and responded. There were 57 complaints submitted to the Court of Appeal about the final resolution of the Central Election Commission of the Republic of Azerbaijan but not responded as groundless.

The Supreme Court of the Republic of Azerbaijan informed in its letter #2/83 of 30 November 2005 that it did not change the decisions of the Court of Appeal on 38 civil cases regarding the conduct of the November 6 2005 elections to the Milli Majlis of the Republic of Azerbaijan.

The letter to the Constitutional Court by the Office of the Prosecutor General says that in connection with the elections to the Milli Majlis of the Republic of Azerbaijan, the Central Election Commission of the Republic of Azerbaijan and relevant election commissions submitted to the Office of the Prosecutor General 72 cases supposedly containing the fact of crime.

As a result of investigation of the given appeals, 11 criminal cases were launched, including those for wining over the voters - candidates registered in the 1st Sabunchi district #26, the 1st Sumgait district #41, Geychai #88, Samukh-Shamkir #102, Agstafa #108 and Oguz-Gabala #117; for interfere in election process - one candidate registered in Shamkir rural election district #99, for falsification of the election-related documents – chairman of the 2nd Sumgait district elections commission #42 and others, chairman of the 2nd Binagadi district elections commission #9 and others, chairman and members of 10 precinct commissions of the 2nd Surakhany election district #31; for abuse of office – 4 members of the Jalilabad-Masally-Bilasuvar district elections commission #69.

The analysis of the additional documents presented by the Central Election Commission of the Republic of Azerbaijan, as well as those requested by the Constitutional Court of the Republic of Azerbaijan, the information provided by the specialists involved indicate that 115 out of 121 protocols of the district election commissions taken as a basis for the protocol of the Central Election Commission, should be recognized meeting the requirements of the Election Code of the Republic of Azerbaijan.

The protocols of the remaining 6 (six) - Surakhany #31, Sumgait –Absheron #44, Jalilabad-Masally-Bilasuvar #69, Gedabey #103, Tovuz-Gazakh-Agstafa #106 and Agdam rural #119 election district commissions - canot be approved as contradicting the requirements of the Election Code.

Given the mentioned above, and governed by article 86 and parts 8 and 9 of article 130 of the Constitutional Court of the Republic of Azerbaijan, as well as articles 54, 62, 63, 65, 67 and 69 of the Law of the Republic of Azerbaijan “On Constitutional Court”, the Plenum of the Constitutional Court of the Republic of Azerbaijan has

RULED:

Returns of the November 6, 2005 elections to the Milli Majlis of the Republic of Azerbaijan of the third call are approved in the following election districts:

,

#1 Sharur-Sadarak election constituency

#2 Sharur election constituency

#3 Babek-Kangarly election constituency

#4 Nakhchivan city election constituency

#5 Shahbuz-Babek election constituency

#6 Julfa-Babek election constituency

#7 Ordubad-Gulfa election constituency

#8 Binaqad first election constituency

#10 Binaqadi third election constituency

#11 Garadagh election constituency

#12 Garadagh-Binaqadi-Yasamal election constituency

#13 Azizbayov first election constituency

#14 Azizbayov second election constituency

#15 Yasamal first election constituency

#16 Yasamal second election constituency

#17 Yasamal third election constituency

#18 Narimanov-Nizami election constituency

#19 Narimanov first election constituency

#20 Narimanov second election constituency

#21 Nasimi first election constituency

#22 Nasimi second election constituency

#23 Nasimi-Sabail election constituency

#24 Nizami first election constituency

#25 Nizami second election constituency

#26 Sabunchu first election constituency

#27 Sabunchu second election constituency

#28 Sabunchu third election constituency

#29 Sabail election constituency

#30 Surakhani first election constituency

#32 Surakhani third election constituency

#33 Khatai first election constituency

#34 Khatai second election constituency

#35 Khatai third election constituency

#36 Khatai fourth election constituency

#37 Nizami first (Ganja) election constituency

#39 Kapaz first (Ganja) election constituency

#40 Kapaz second (Ganja) election constituency

#41 Sumgait first election constituency

#43 Sumgait third election constituency

#45 Absheron election constituency

#46 Ali Bayramli election constituency

#47 Mingachevir election constituency

#48 Yevlakh election constituency

#49 Yevlakh - Mingachevir election constituency

#50 Gobustan - Khizy -Guba election constituency

#51 Gusar election constituency

#52 Guba election constituency

#53 Guba- Gusar election constituency

#54 Davachi - Siyazan election constituency

#55 Khachmaz city election constituency

#56 Khachmaz village election constituency

#57 Kurdamir election constituency

#58 Hajigabul-Kurdamir election constituency

#59 Salyan election constituency

#60 Salyan- Naftchala election constituency

#61 Neftchala election constituency

#62 Saatli election constituency

#63 Sabirabad first election constituency

#64 Sabirabad second election constituency

#65 Saatli - Sabirabad - Kurdamir election constituency

#66 Bilasuvar election constituency

#67 Jalilabad city election constituency

#68 Jalilabad village election constituency

#70 Masalli city election constituency

#71 Masalli village election constituency

#72 Yardimli - Masalli election constituency

#73 Lankaran city election constituency

#74 Lankaran village election constituency

#75 Lankaran - Masalli election constituency

#76 Lankaran - Astara election constituency

#77 Astara election constituency

#78 Lerik - Lankaran election constituency

#79 İmishli election constituency

#80 Imishli - Beylagan election constituency

#81 Beylagan election constituency

#82 Аghjabadi election constituency

#83 Aghjabadi - Аghdаm election constituency

#84 Fuzuli election constituency

#85 Shamakhi election constituency

#86 Ismailli election constituency

#87 Aghsu - Ismailli election constituency

#88 Goychay election constituency

#89 Goychay - Аghdash election constituency

#90 Aghdash election constituency

#91 Ujar election constituency

#92 Zardab - Ujar election constituency

#93 Barda city election constituency

#94 Barda village election constituency

#95 Tartar election constituency

#96 Goranboy - Naftalan election constituency

#97 Goranboy - Аghdаm - Tartar election constituency

#98 Shamkir city election constituency

#99 Shamkir village election constituency

#100 Shamkir - Dashkasan election constituency

#101 Khanlar -Dashkasan election constituency

#102 Samukh - Shamkir election constituency

#104 Gadabay - Tovuz election constituency

#105 Tovuz city election constituency

#107 Gazakh election constituency

#108 Aghstafa election constituency

#109 Balakan election constituency

#111 Zagatala - Balakan election constituency

#112 Gakh election constituency

#113 Shaki city election constituency

#114 Shaki village first election constituency

#115 Shaki village second election constituency

#116 Gabala election constituency

#117 Oghuz - Gabala election constituency

#118 Aghdam city election constituency

#120 Jabrail - Gubadli election constituency

#121 Lachin election constituency

#122 Khankendi election constituency

#123 Kalbajar election constituency

#124 Shusha-Fuzuli-Khojaly-Khogavand election constituency

#125 Zangilan - Gubadli election constituency

2. The returns of the November 6, 2005 elections to the Milli Majlis of the Azerbaijan Republic over the Surakhani second election district #31, Sumgait-Absheron election district #44, Jalilabad- Masalli -Bilasuvar election district #69, Gadabay election district #103, Tovuz - Gazakh - Аghstafa election district #106, Аghdam rural election district #119 are not approved .

3. The decision takes effect upon its announcement

4. The decision shall be published in the newspapers “Azerbaijan”, “Respublika”, “Khalg Gazeti”, “Bakinski Rabochi”, and in the “Information of the Constitutional Court of the Azerbaijan Republic”.

5. The decision is definitive and no organ or person may void, change or officially interpret it.

Chairman F. Abdullayev