Which structure conducts elections in Azerbaijan: the CEC or the Interior Ministry?

On July 10, the Central Election Commission (CEC) held a meeting of the chairmen of the district election commissions. The meeting was attended by Chairman of the Central Election Commission Mazahir Panahov, Assistant to the President of the Republic of Azerbaijan – Head of the Department of Territorial and Organizational Issues of the Presidential Administration Zeynal Nagdaliyev, Chairman of the Constitutional Court Farhad Abdullayev, First Deputy Prosecutor General Elchin Mammadov, Deputy Minister of Internal Affairs Ogtay Kerimov, Deputy Minister of Justice Abiddin Huseynov, and other officials.

The most notable and the subject of discussion on social networks was the speech at the meeting of the Deputy Minister of Internal Affairs, Police Lieutenant General Oqtay Kerimov. In the finished text, which was read out by the Deputy minister, there were moments that raised many questions.

Thus, Deputy Minister Oqtay Kerimov noted in his speech that "constant monitoring of the Internet space and social networks will be carried out. Destructive forces intending to interfere with the normal conduct of elections will be identified in a timely manner, and measures will be taken against them."

The police Lieutenant General said: "After the end of the elections, the ballots and protocols will be transported accompanied by police.  All measures will be taken to prevent illegal actions and violations of public order.”

It is curious that although this speech of the Deputy minister was broadcast by government-controlled television and media bodies, and after discussions on social networks, this speech was deleted from almost all media. 

What was that? What did the Deputy Minister want to say with this speech?

Bashir Suleymanli, the head of the Institute of Civil Rights  answered ASTNA questions on the this issue.

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Question: Deputy Minister of Internal Affairs Oqtay Kerimov, at a meeting for the chairmen of district election commissions in the CEC, said that on the eve of Election Day, "constant monitoring of the Internet space and social networks will be carried out. Destructive forces intending to interfere with the normal conduct of elections will be identified in a timely manner, measures will be taken against them." What does all this mean?

Answer: Both the Administrative Code and the Criminal Code have circumstances that create liability in connection with the elections. The laws contain a significant number of Articles, starting from the stage of collecting signatures, ending with the organization of false campaigns against candidates, falsification of election documents and situations that will affect the outcome of elections. One might have thought that Mr. Kerimov was referring to the responsibility provided for by the laws within the framework of his powers. But when watching the speech, I became an eyewitness to the fact that the rhetoric was very harsh, even in a threatening tone. In particular, as I noted, the statement on constant monitoring of social networks, timely identification of destructive forces intending to interfere with the normal conduct of elections, is clearly aimed at intimidation. Such statements are detrimental to participation in the electoral process. In fact, it should have been said that those who committed electoral violations would be found and brought to justice. However, it turns out from the statement that not those who committed the violation will be held accountable, but those who, for example, spread information about the violation on a social network or in another form.  This contradicts freedom of expression and is designed to create self-censorship among citizens.

Question: How is this issue regulated by law?

Answer: As I have already mentioned, the Code of Administrative Offenses and the Criminal Code provide for liability for offenses committed during elections. But most of all, appeals to the courts and the prosecutor's office create grounds here.  The function of the police is only to protect and maintain public order. In addition, in case of any circumstances, election subjects can provide information, complain to the police or seek help. For example, if any person or individuals interfere during the signature collection campaign, then you can contact the police. In particular, if there were obstacles to the dissemination of campaign materials or order was violated during campaign rallies, in this case police intervention is inevitable. Perhaps the Ministry of Internal Affairs meant this in the first place, but the media statement was misinterpreted.

Question: At the same meeting, the Deputy Minister also stated that "after the end of the elections, the ballots and protocols will be delivered accompanied by police.  All measures will be taken to prevent illegal actions and violations of public order." What does this mean?

Answer: Such cases have not been observed before. The Electoral Code also does not provide for the rules for the delivery and dispatch of ballots and protocols accompanied by police. These documents are usually drawn up in the presence of the chairman and members of the election commission. Other interested persons – observers, proxies of candidates and others, can accompany them.  The job of the police here is to intervene only in case of any violations. It is also practically impossible. It also seems impossible to involve the police at more than 5,000 polling stations. Escorted by law enforcement agencies occurs, for example, in countries such as Afghanistan. Because there is no stability, the sites are remote, the terrain is mountainous. An attack can happen at any moment.  However, there have been no such cases in Azerbaijan in practice to apply all this now. 

As for the suppression of illegal actions, etc., to be honest, I have a question, what is happening that there is a need to make such statements, with such rhetoric?! Is this the first time that elections are being held in the country?! In the last elections, we did not witness any actions or protests at all. Even without that, people have no confidence in the elections. There is no electoral activity, as in the early parliamentary elections of 2020. At that time, more candidates, independent coalitions, young people and a significant number of observers participated in the elections. The election campaign period was more dynamic and lively.  What can happen in conditions of apathy, especially since most of the candidates who participated in the then elections do not participate in the current ones?!

Question: How should this question be applied in accordance with the law?

Answer: According to the Electoral Code, election documentation is delivered only in the presence of members of the election commission. Other structures can only accompany them. The law does not oblige the police or other authorities to accompany him. The actions, in fact, are constitutional and the rights of citizens. Citizens can hold protests and street marches at any time. However, in practice this is impossible. The actions are declared illegal and suppressed with the help of the police. But this should not be the case during the election period. Let's say if a candidate objects to the election results and protests in front of the commission, he has to wait a few days for the executive to give permission?!  Like, let the elections be over, then will you protest?! This is absurd. But these are the Azerbaijani realities. Freedom of assembly in the country is already limited. At least, during the election campaign, the protests of citizens should be perceived normally.

Question: Can the Deputy Minister's speech be considered as interference by the Ministry of Internal Affairs in the conduct of elections, in the activities of the Central Election Commission?

Answer: When you watch this speech, you get the impression. Because neither the laws nor other instructions record the direct participation of the police in the electoral process. Intervention can only be discussed in case of violation. The police should be outside the polling station, including on election day, so that this is not perceived as pressure on the will of voters. Even the law clearly states that voting is suspended when the police arrive at the polling station. Article 104.14 of the Electoral Code states: "There should be no other persons at the polling station, except for voters participating in voting, members of the precinct election commission, persons provided for in Articles 40.2 and 40.4 of this Code. The presence of government officials is prohibited, except in cases of participation in voting as voters. In order to restore order at the polling station, law enforcement officers may be invited to the polling station by the chairman of the precinct election commission and, after fulfilling their duties, must immediately leave the polling station. Voting is suspended when a law enforcement officer is in the voting room during the voting. If it is not possible to restore order during voting for more than 6 hours, the polling station will be closed by decision of the district election commission. Voting at such polling stations is considered invalid."

As you can see, the law stipulates that law enforcement agencies, that is, the police, should be invited only in case of any violations. If necessary, it would be written that the police can enter the polling station at any time and control it, say, remove interfering people, etc. It even states that voting should be stopped at the entrance of the police. This shows that there should be no police involvement.

Question: What steps should be taken to ensure that the elections are conducted in accordance with the law and international  standards?

Answer: The assessment of election compliance with international standards is carried out according to 2 main indicators. First, the pre-election environment; the fairness of legislation for all, the opportunity to gather and unite, the state of freedom of expression, equal conditions for all and an atmosphere of justice. And the other is holding elections on election day in accordance with local and international standards.

Azerbaijan, as a member of the OSCE and the Council of Europe, has obligations to organize elections, including ensuring fundamental human rights, free media, civil society, and political pluralism. Therefore, local and international organizations appeal to the government in this regard, and make proposals to improve the environment. From time to time, our organization prepared and sent such proposals to the Milli Majlis, to the government. But, unfortunately, no steps have been taken towards positive changes in this direction. 

First of all, it is necessary to reform the legislative framework. Both the OSCE and the Council of Europe have enough proposals. They must be taken into account, and steps must be taken to protect human rights. Political prisoners should be released, and the persecution of people for dissent should be stopped. The reforms of the judicial system and the justice system must be accelerated.  In order to hold free and fair elections, legislation must recognize equal opportunities for all. In this case, positive changes can be achieved gradually. Otherwise, citizens' trust in the electoral process will be completely undermined.