Home > 2.3 Observation > Report on the Compliance with Council of Europe and other International Standards of the Inclusion of a not Internationally Recognised Territory into a Nationwide Constituency for Parliamentary Elections
 
 
 
Download file    
 
 
Paragraph 33
 

The obligations arising out of Article 1 ECHR in case of effective control by a State over the territory of another state may not be interpreted as covering only the mere organisation of elections: they cover also the conduct of the electoral process. International law limits the discretion of States in the electoral area by a set of standards which are both substantive and procedural in nature. This means that if elections are eventually organised, they must be “free and fair”. The preconditions for meeting this principle are: a) respect for fundamental human rights, especially freedom of expression, assembly and association; b) stability of electoral legislation and its protection from political manipulation; c) procedural guarantees such as organization of elections by an impartial body, election observation, an effective system of appeal, funding and security (see above para. 21).