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Sergei Kuznetsov: â€œWe need to review the system of complaints during the elections in Azerbaijanâ€ - INTERVIEW

Sergei Kuznetsov: â€œWe need to review the system of complaints during the elections in Azerbaijanâ€ - <font color=red> INTERVIEW </font>

13 April 2010 15:29 (UTC +04:00)

-What is the aim of your visit to Baku? Have you brought new proposals to the Azerbaijani government on the Election Code?

-We are working on request. I have not brought any proposals, as we have not received a request from Azerbaijan concerning any draft law. The Council of Europe has adopted an action plan in connection with the parliamentary elections in Azerbaijan this year. This document envisages a number of events between the Council of Europe, Venice Commission and Azerbaijan. The aim of my visit is to determine the date, format of these events, the list of the events interesting for Azerbaijan and the issues requiring more attention.

-Has the list of the events been confirmed?

-The list of the events has been included into the action plan, some events will be held together with the Central Election Commission. We have spoken more about the format and topic of the events. The system of considering the complaints is also among them. These recommendations were also reflected in the recent opinion of the Venice Commission. We had held the latest events before the presidential elections. In the next event we want to see how the system works. Two election campaigns have already been held. The second event, work with the representatives of the election commissions is a classic task in our cooperation. Venice Commission and CEC help them discuss urgent issues, search optimal ways to solve problems.

-Proposals have been recently put forward on the election of heads of election commissions. What can you say about it?

-Election Code offers opportunities to make the work of commissions more transparent, to gain confidence and respect among all participants of the election process.

- What about the composition of the election commissions?

- We didnâ€™t receive new request from Azerbaijan and therefore our previous opinion and all of recommendations remain in force. You can learn them in the opinion of Venice Commission.

- How is Azerbaijan reacting to the Action Plan of the Council of Europe?

- The Action Plan completely belongs to the Council of Europe. We discussed the events related to the Venice Commission. There were no differences regarding the events we proposed. I guess we have same opinion about the necessity of these events and their formats as well. There is no any misunderstanding.

- When the first event will take place and what issues it will discuss?

- We reached an agreement to hold a meeting for the system of complaints. We agreed on the format of the meeting as well. Members of the organizations addressing the complaints, as well as lawyers, including independent lawyers, and representatives of the organizations working with us will be invited to that event.

- Will these events be held behind closed doors?

Our cooperation is in a technical regime and we are selecting participants to make the event useful. It purposes to identify the problems and to exchange opinions to eliminate them and therefore we are selecting the participants who can work usefully. Undoubtedly these events will be held behind the closed doors. Otherwise it can not be realized.

- Does the Electoral Code in Azerbaijan need to be amended guiding from considerations of outcomes of last presidential elections and referendum?

- There are such points in the Electoral Code, as every legislative act, that they should be elaborated again. We expressed our opinion about the Code two years ago and recommendations described there still remain in force. The position of the Venice Commission is that the legislative amendments should be made previously. It is not good approach to change the rules in a short time before the elections, because both candidates and voters should know the rules in advance. Regarding the Electoral Code, there are such points that could be worked out again, for example, reforming the commissions, sharing duties, election campaign, reviewing the complaints and etc.

- The Strasbourg Court confirmed the violation of candidatesâ€™ rights in Barda electoral district during the last parliamentary elections. Can the existing complaint system be changed? Is it impossible that the independent organization addresses the complaints?

- The European Court passed decision regarding the procedures used in 2005. If you remember, the amendments were made to the Electoral Code later. Undoubtedly, it needs to review the system of complaints and to identify how it worked during the previous elections and protected the votersâ€™ rights. I think it will be easier for us now because there is a European Courtâ€™s decision. One of the Azerbaijanâ€™s commitments at the Council of Europe is to fulfill the decisions of this court.

- Are the issues of Freedom of Assembly discussed with the Azerbaijani authorities?

- The authorities addressed the Venice Commission for that draft law and there was an opinion two years ago. Regarding the law, it is quite positive. There is a number of positive points and guarantees in compare with previous norms. We know there can be problems in the implementation of this law, especially in the pre-election period. This issue will be discussed. It needs to learn why different organizations and citizens complain during the implementation of this law.

- Does the Venice Commission work only with the government during the implementation of the action plan?

- The Venice Commission is an intergovernmental organization and therefore we are working only with the official institutions. But at the same time we are inviting the NGO representatives to our events. I guess there was positive tendency in recent years. We invited independent lawyers and some NGO representatives to the events before the presidential elections. We were ready to receive proposals while preparing the opinion about the Electoral Code. I think it was positive tendency. On one hand, we donâ€™t breach our regulations and we are trying to be a part of positive ideas and discussions. In this context, we are considering the opinion of non-governmental organizations.