Main election-related developments of the last week of December relate to the election watchdog leader Anar Mammadli's arrest. Lawyer and human rights defenders assessed Mammadli's arrest as pressure against civil society and an attempt to conceal election falsifications. Saida Gojamanly, member of the Human Rights Monitoring Group, called this arrest a big disgrace. She promised to raise Mammadli's case during the winter session of the PACE. According to the head of the Women Crisis Center Matanat Azizova, Mammadli was arrested purely because of election monitoring report: "The final report contained facts of election fraud. It is supposed that the authors of negative reports on election will also face pressure. Anar Mammadli is just one of the victims. Anyone can be arrested. Therefore everybody should be concerned about Anar's arrest and give support to him" she said. According to the coordinator of "Azerbaijan without Political Prisoners" Community Alliance, Ogtay Gulaliyev, Anar Mammadli's arrest is revenge against him. "Mr. Mammadli was arrested for his consistent and systematic monitoring of elections. Mammadli's organization, Election Monitoring and Democracy Studies Center, has always been an impartial election watchdog, its reports being quite objective" said Gulaliyev. On December 23, Baku Appellate Court denied Mammadli's appeal against detention. On December 25, OSCE ODIHR released a final report on October 9 Presidential Election held in Azerbaijan. The report concluded that the election "was undermined by limitations on the freedoms of expression, assembly and association that did not guarantee a level playing field for candidates. Continued allegations of candidate and voter intimidation and a restrictive media environment marred the campaign. Significant problems were observed throughout all stages of election day processes and underscored the serious nature of the shortcomings that need to be addressed in order for Azerbaijan to fully meet its OSCE commitments for genuine and democratic elections." The counting was assessed in overwhelmingly negative terms, with 58 per cent of observed polling stations assessed as bad or very bad. Indications of 23 cases of ballot box stuffing were noted during the count. In 42 counts observed, PECs had difficulties completing the results protocol, which in a number of cases was not completed by pen as required. In 15 counts observed, the official protocol form had been signed by PEC members before the results had been established. Several serious procedural shortcomings were noted, including PECs filling in protocols at the ConEC premises (observed in 18 cases). The majority of previous OSCE/ODIHR recommendations remain unaddressed in the law, including key provisions related to the composition of election commissions and candidate registration. Overall, the Central Election Commission (CEC) efficiently administered the technical preparations for the election, respecting legal deadlines. The CEC held regular sessions open to observers and media, publishing decisions in a timely manner. Nevertheless, the formula in which all election commissions are structured gives pro-government forces a de facto decision-making majority in them. As a result of this, opposition representatives expressed a lack of confidence in the election administration's impartiality. A review of the current legal framework for freedom of assembly, expression and association should be undertaken to bring national legislation in line with international standards. The Election Code should be amended through an inclusive process to revise the composition of election commissions at all levels, with the aim of enhancing impartiality and public confidence in the work of the election administration. The election timeline should be extended to provide greater opportunities for the participation of potential candidates. Should be also reviewed the mechanism for reviewing complaints and the overall organization of the elections. Authorities should undertake further measures to ensure that election campaigning be conducted in an atmosphere free from intimidation and fear of retribution. The Election Code should address the right of voters to receive comprehensive and diverse information about political alternatives through the media. The authorities should eliminate criminal penalties for libel and insult. There should be necessary political will to address such serious violations as stuffing ballot boxes with packs or changing the protocols of voting.

• published: 22 Jan 2014
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