Paragraph 65

 

65.  The law does not contain any express guarantees of a fair, public, and transparent hearing at any stage of this process. In fact, past OSCE/ODIHR Election Observation Mission reports record that Supreme Court sessions on electoral disputes have been held in camera where the complainant is not even allowed to be present. This is clearly contrary to international standards and OSCE commitments.[13] Proceedings on cases before the Supreme Court seeking to protect suffrage rights should be held in public and the parties to the appeal should have the right to present their case directly or through legal representation. The OSCE/ODIHR and the Venice Commission recommend that the law be amended to provide the following minimum guarantees for these cases:
 
a.         The right to present evidence in support of the complaint after it is filed.
b.         The right to a fair, public, and transparent hearing on the complaint.
c.         The right to appeal the decision on the complaint to a court of law.