EXECUTIVE ORDER OF PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
ON URGENT MEASURES IN CONNECTION WITH PREPARATION AND CONDUCTING OF THE ELECTIONS TO MILLI MAJLIS OF THE REPUBLIC OF AZERBAIJAN
Preparation campaign of the November 6, 2005 elections to Milli Majlis of the Republic of Azerbaijan has entered into the final stage. As a result of intense work carried out by the election commissions and executive bodies during the period of preparation for elections, the necessary organizational-legal measures were undertaken and achieved much success in carrying out of the election campaign. Registration of the candidates for elections was implemented freely; they have encountered no artificial obstacles and impact of subjective factors during the registration was minimized. The election commissions were equipped with modern technology and the process is going on. Registration of more than two thousand candidates, their meetings with electors, implementation of the –pre-election campaign freely and on equal basis, carrying out of debates on equal, identical conditions on TV and radio channels, large use of visual aids, etc. are the main characteristic features of the present election campaign.
In view of providing implementation of the rights of freedom of assembly for the citizens in all cities and regions of Azerbaijan, have been specified appropriate places, which promoted creation of relevant conditions for the candidates to meet with the voters. The state-run broadcasting bodies or such bodies financed by the state, according to the election legislation have provided the candidates of political parties, the bloc of political parties registered in more than 60 constituencies with equal free-of-charge broadcasting time and this time is actively being used for electoral propaganda. It has to be noted that volume of the broadcasting time for this purpose on state channels is more by two times than the previous ones. Paid broadcasting time is widely used at the state and private broadcasting channels. For the first time in the election practice, the voter cards are used and this work has been improved taking into consideration experience of the other countries. This year, the voter lists has been placed in Internet.
Along with this, it cannot but worry the dissolution of some problems, the cases of violation of the requirements of the Election Code.
Complaints about the miscalculations admitted in the cause of maintenance of freedom of assembly of citizens, distribution of voter cards and drawing up of lists of voters, and also about illegal intrusion of some enforcement authorities in election process, use of administrative resources, application by separate candidates during pre-election campaign of the methods forbidden by the law and other facts are present.
With a view of increase of efficiency of the measures accepted in the field of improvement of election practice, full and unconditional realization during preparation for elections and on the day of voting of the terms of the Election Code, more full of maintenance of suffrages of citizens, I hereby resolve:
1. To offer to the Milli Majlis of the Azerbaijan Republic to discuss the question of removal of the ban on observation in the presidential, parliament and municipality elections by the NGOs with more than 30 percent share of, or financed in other way by the foreign legal and physical entities in the charter capital stipulated in the Law of the Azerbaijan Republic "On the non-governmental organizations (public associations and funds)”.
2. To recommend the Central Election Commission of the Republic of Azerbaijan:
2.1. taking into account the problems which have arisen in connection with distribution of voter cards and specification of voter lists, in the shortest terms to prepare and submit for discussion the Central Election Commission the corresponding instruction on rules of drawing on fingers of mark of invisible ink at reception by voters in day of voting of the ballot;
2.2. in the shortest terms to prepare and ratify the instruction on rules of consideration of complaints received in the election commission about infringement of suffrages;
2.3. express a resolute position concerning the infringements of the law admitted by candidates during pre-election propaganda campaign, completely and steadily to use the power invested in it by the Law of power of the administrative penalty;
2.4. to ensure creation of corresponding conditions for acquaintance of all interested persons in the local selective commissions with lists of voters in which addresses of voters are completely specified.
3. To charge the Ministry of Internal Affairs of the Azerbaijan Republic to provide about day of elections delivery to the citizens who are not having any documents, certifying the person, identification cards.
4. To the Ministry of Communications and Information Technologies of the Azerbaijan Republic, to Joint-Stock Company "Azerenergy” and local enforcement bodies to take necessary measures for uninterrupted maintenance of buildings where the district and local election commissions are located, communications and the electric power.
5. To charge the Ministry of Internal Affairs of the Azerbaijan Republic and local enforcement authorities according to the Law of the Azerbaijan Republic "On freedom of assembly” to create to political parties, blocs of political parties and candidates all necessary conditions for carrying out in the established places of mass actions and pre-election campaign.
6. To recommend the State Office of Public Prosecutor of the Azerbaijan Republic to consider urgently received on day of elections from the Central Election Commission of the message on infringement of suffrages of the citizens, commitments containing crime elements, and to provide bringing to the responsibility of the persons recognized guilty in commitment of criminal actions.
7. The corresponding state bodies during five-day term to present to the President of the Republic of Azerbaijan the corresponding reports connected to execution of assignments, stipulated by the Order of the President of the Azerbaijan Republic dated on May 11, 2005 "On improvement of election practice in the Republic of Azerbaijan”.
8. The present Order inures from the date of signing.
President of the Republic of Azerbaijan
Baku, October 25, 2005