“In due course of taking necessary measures in line with the Improvement of Election Practices in the Republic of Azerbaijan Decree of the 11th May 2005 and Urgent Measures on Arranging and Running the Elections to Milli Majlis of the Republic of Azerbaijan Decree of the 25th October 2005 signed by the President of Azerbaijan Ilham Aliyev, the state bodies of Azerbaijan have provided all necessary conditions for democratic, fair and transparent elections to Milli Majlis of the Republic of Azerbaijan on the 6th November 2005, reflecting the will of the people of Azerbaijan. The citizens were provided with the opportunity to exercise their election rights, make choice for their candidates and thereby express their will.

The international organizations have evaluated these elections as a significant step forward on the way towards stabilization of political situation, revitalization of the process of building democratic society, greater and deeper integration into international structures, and generally, contribution to the democratic development of Azerbaijan.

The Prosecutor’s Office of the Republic of Azerbaijan has implemented duties provided by the mentioned Presidential decrees by taking all incumbent measures. Comprehensive measures taken in these areas have been previously advertised among the public.

Subject to the Additional Measures on Scrutinizing the Crime Allegations Submitted to the General Prosecutor’s Office by the Appropriate Election Commission Order issued by the Prosecutor General on the 2nd November 2005, 18 Ad Hoc Groups have been set up from among 59 members of staff of the General Prosecutor’s Office and seconded to the regions on the 5th November 2005. The Ad Hoc Groups worked in conjunction with the Central Election Commission and took the appropriate measures in order to consider promptly the crime allegations concerning violation of the electoral rights of the citizens and prosecute those responsible for violations on the day of the elections.

Public institutions, including law-enforcement agencies, have secured normal environment for the elections by preserving stability and safety throughout the country and preventing the attempts to break the public order in time.

During the day of elections, the Ad Hoc Groups received and scrutinized 5 motions by the constituency election commissions containing crime allegations. Out of 5 motions, 3 motions concerned tampering the work of the commissions, 1 motion concerned subornation and 1 motion concerned coercing the electorate to vote against their will.

As a result, 1 decision to institute criminal proceedings and 4 decisions not to institute criminal proceedings were issued. Thus, the investigation based on the motion submitted to the prosecutor’s office by the 99th Shamkir Rural Election Commission revealed that Jafarov Vahid Fazil oglu, candidate to member of Milli Majlis of the Republic of Azerbaijan, tampered the work of the election commission. During the course of voting on the 6th November 2005, he entered the premise of the 35th Precinct of this Constituency at 10:50 AM, quarrelled, arbitrary took 5 envelopes and bulletins from the desk, ran away, and subsequently handed them to the registered candidates Tajaddin Mehdiyev, Shahin Najafov and Mazahir Mammadov. Criminal proceedings have been launched under Section 160.1 of the Criminal Code of the Republic of Azerbaijan as the described acts contained the components of the offence of tampering and influencing the work of the election commission or tampering the activity of the member of the election commission discharging his/her official duties.

With the abovementioned motions, a total number of 39 motions were filed with the prosecutor’s office. In response to the motions, which did not contain crime allegations, violations of law were precluded by means of preventive measures. 2 motions were diverted to the constituency election commissions, as resolving of these motions fell within the jurisdiction of election commissions.

Criminal proceedings has been launched into 1 out of 7 reported occasions, which were not directly related to the violation of election rights, as a result of the initial examination without interfering with the election process. Thus, independent observer Amirov Vagif Farman oglu displayed an overt disrespect to the public by head butting and punching in the face other observer Alasgarov Adil at around 2:00 PM in the 67th Precinct of the 84th Fuzuli Election Constituency located in the Sabunchu district of Baku. As a result, the latter sustained less serious bodily harm affecting health for long period and the work of the election precinct was interrupted for sometime. Police Department of Sabunchu district has launched criminal investigation into the incident of hooliganism under Section 221.1 and intentional causing of less serious bodily harms affecting health under Section 127.2.3 of the Criminal Code of Azerbaijan.

Acting under instruction of the President of the Republic of Azerbaijan Ilham Aliyev, the General Prosecutor’s Office takes necessary measures to bring scrupulous and investigation into violations of law without any delay. The General Prosecutor’s Office launched criminal investigation, currently pursued by its Serious Crime Investigation Department, into the flagrant violation of citizens’ suffrage and the provisions of the Elections Code at the 9th Binagady and 42nd Sumgayit Election Constituency based on the materials submitted by the Central Election Commission that had cancelled the result of the polls in these constituencies.

Currently, members of the General Prosecutor’s Office staff together with the specialists of the Central Election Commission look into the instances of breaches of law that took place in certain election constituencies where the voting results are dubious. Shall these materials be submitted to the General Prosecutor’s Office in the order provided by the legislation, necessary measures of legal evaluation will be taken.

The Prosecutor’s Office of Azerbaijan will henceforth continue to take incumbent measures to scrutinize the crime allegations according to the legislation; ensure conclusion of the election to Milli Majlis of the Republic of Azerbaijan in the stable political and social environment, and safeguard human rights and fundamental freedoms in cooperation with the other law-enforcement agencies.