Paragraph 45

 

Authorities in Azerbaijan have stated that the primary reason for the failure to provide an effective process for the protection of electoral rights is that election commissions do not have the capacity to develop the facts upon which an adjudication of legal rights can be based. According to the authorities, this lack of capacity has a domino effect, likewise preventing courts from adjudicating appeals involving electoral rights. The amendments attempt to address the lack of fact-finding capacity by creating “expert groups”, composed of relevant experts[12] within the election commission structure, to make factual findings and recommendations on electoral complaints. Although authorities in Azerbaijan remain convinced that an expert groups apparatus will solve the problems, it is not clear that this additional structure will ensure the fair, efficient and timely adjudication of complaints and appeals filed to protect electoral rights. The true test will be when the new structure is implemented and whether the new structure does in fact provide effective remedies to correct wrongs.