Paragraph 37

 

The 2004 Joint Recommendations of the OSCE/ODIHR and the Venice Commission identified problems encountered by candidates and political parties when attempting to hold election campaign rallies. Article 86 of the Electoral Code, as well as the Law on the Freedom of Assembly, were identified as requiring amendments in order to address the problems. Concerning the Law on the Freedom of Assembly, a new law was adopted by the Milli Majlis in May 2008 and it is hoped that the final text of the enacted law meets OSCE commitments and Council of Europe standards and is implemented in a non-discriminatory and inclusive manner that allows candidates and political parties to gather for rallies in venues that are adequate for campaign purposes. Concerning Article 86 of the Electoral Code, the authorities in Azerbaijan state that the problem is not with the text, but rather with its implementation. Thus, it would appear that these are issues of good faith implementation of the law by authorities.