The election body of OSCE and ODIHR issued its final report on the 2005 parliamentary elections in Azerbaijan. Following the November 6 elections the OSCE released a preliminary report in which they stated the elections did not meet international standards. Their final report expands on this idea, highlighting in the shortcomings of the complaints and appeal process both during and after the elections. It also notes the lack of accountability for local government officials who were accused of interfering in the election process. (05-FEB-2006) 

The report included 30 recommendations for ways Azerbaijan can improve its election process. It also included a detailed report of the election process, including post-election events.
In addition, the OSCE and ODIHR emphasized their continued willingness to work cooperatively with both Azerbaijan’s government and civil society to achieve future elections that meet OSCE standards.

30 Recommendations of OSCE/ODIHR
The OSCE/ODIHR offers the following recommendations for consideration by the authorities of the Republic of Azerbaijan. These recommendations do not repeat all recommendations made in previous OSCE/ODIHR Final Reports, and in Joint Assessments and Opinions provided by the OSCE/ODIHR and the Venice Commission. A number of the previous recommendations have not yet been implemented and remain valid.

A.EXECUTIVE AUTHORITIES
1.Given the extensive and continuing interference of local executive authorities in the work of election commissions and in the election campaign, in violation of the legislation and of the two decrees issued by the President, and given the limited response of election commissions, courts and higher executive authorities, further political will from the State authorities to curtail such interference is necessary as a condition for ensuring that elections are held in compliance with OSCE commitments and other international standards. The Presidential Administration and the Parliament should undertake a review to determine the manner and extent to which the local executive authorities could be reformed so as to ensure that the actions of these bodies are limited to those provided for by law. Under Article 217.4 of Civil Procedure Code, the court shall base its decisions only upon evidence examined in court session. Under Article 287 of the Civil Procedure Code, “the burden of proof of circumstances: shall be on the body adopting the act or decision”.

B.LEGAL FRAMEWORK.
2. The Election Code should be amended to reconfigure the composition of the Central Election Commission and lower level commissions, including the appointment of the Chairpersons, Deputy Chairpersons and Secretaries, in a manner that will ensure that election commissions enjoy public confidence, and in particular the confidence of those running for office.
3. The Law on the Freedom of Assembly and the Election Code should be amended to curtail the unlimited powers given to the local executive authorities to restrict political gatherings, and to ensure that genuine freedom of assembly is respected during election periods.
4. The Election Code should be amended to provide for the inking of voters’ fingers and to eliminate the requirement for presentation of a voter card in order to vote.
5. Article 112 of the Election Code, concerning the procedures for lodging complaints and appeals, should be amended together with the CEC instruction on complaints procedures. The Election Code should provide greater details on what evidence must be considered by election commissions and should establish separate procedures to be followed by the CEC and constituency election commissions.
6. The Election Code should specify where a complaint must be lodged in the first instance and in what circumstances a complaint may be submitted directly to superior election commissions.
7. The Election Code should be amended for ensuring collegiality in consideration of complaints by election commissions, voting on each complaint and documenting the election commission’s decisions on complaints. Complaints filed with the CEC should be adjudicated by the CEC rather than by individual CEC members or staff.
8. The Election Code should oblige all election commissions to (i) establish clear findings of fact on every complaint; (ii) briefly state what steps and actions have been undertaken to investigate the complaint; and (iii) state their reasons in the decision for accepting or rejecting the complaint (in full or in part) and for making other findings and recommendations.
9. Articles 108.4, 170.2.1, and 170.6 of Election Code should be amended to establish a procedure for invalidation of election results that is fair and can be applied consistently and objectively. A fully transparent and immediate recount of votes should be required first, and the circumstances under which a recount must be ordered should be specified. Invalidation should remain a measure of last resort.
10. The Civil Procedure Code and the Code of Administrative Violations should be amended to adopt the internationally accepted principle that contested evidence from witnesses should normally be admissible only if the witness gives oral testimony in the court hearing.
11. The Election Code provisions for de-registration of candidates under Art. 113 should be amended. De-registration should be limited to the situation where the candidate does not possess the legal requirements for candidacy. The Civil Procedure Code should be strengthened to ensure that a candidate enjoys adequate opportunities to defend an attempt to de-register the candidate.

C. E LECTION ADMINISTRATION
12. The voter list should take into account the information contained in the new identification documents in order to further improve the accuracy of the lists.
13. The authorities should respect the legal provisions for military voting. Only in the exceptional cases, and when the location of the unit is at a substantial distance from populated areas, should the CEC grant permission to establish a polling station in a military unit. The election administration should retain responsibility for the organization and conduct of military voting.
14. Where PECs are formed in military units in the exceptional case, members should not be military personnel, conscripts or members of their family. PEC members should be appointed by the same procedure as all other PECs.
15. Modification of constituency boundaries should be avoided in the period immediately before parliamentary elections. It would be advisable that redistricting not take place within the twelve months preceding a parliamentary election.
16. The deadline for candidate withdrawal should expire before the printing of election ballots to avoid amending the text on the ballots after they are printed.
17. It should be incumbent on the CEC to provide the necessary training to lower level commissions to ensure uniform implementation of election regulations and procedures. Training should especially focus on areas identified as problematic by the IEOM and by domestic observation groups, such as the vote count and tabulation.
18. The CEC should review its rules of procedure governing its internal functioning, including distribution of work within its administration.
19. The CEC agenda should contain detailed information about each item for discussion, including complaints, with copies of relevant documents attached. Agendas and draft decisions should be distributed to members of election commissions and party/candidate representatives before a commission meeting in a timely manner. Provisions should be made for observers and media representatives to receive copies of the agenda. The transparency of commission sessions could be further enhanced if draft resolutions were read aloud before being put to a vote.
20. PEC results protocols should be given to all observers and party representatives and should be posted for public display. The CEC should publish results protocols by polling station on its website on election night, as soon as they become available.
21. The CEC should improve measures for safeguarding the integrity of PEC results protocols. Evidence of the breaking of a seal on an envelope containing protocols prior to its receipt by a ConEC should result in an automatic recount.

D. CAMPAIGN
22. Procedures of law enforcement bodies for dealing with peaceful demonstrations should be improved. Law enforcement bodies should not be used to interfere with the campaign.
23. Preventive detentions of campaign staff or supporters before and during campaign meetings, as well as restrictions on freedom of movement, should cease.

E. MEDIA
24. The independence of public TV should be further strengthened, including the development of impartial editorial practices to provide the public with balanced coverage of political opinions during an election period. Consideration should be given to transforming AzTV into an independent public service media.
25. The CEC, possibly in cooperation with the National Council for Radio and TV, should ensure respect for media related provisions of the Election Code during the campaign, including the equitable news coverage of political parties and candidates, and take prompt and effective action against violations. Establishing systematic monitoring of the media during an election campaign period would assist the CEC in this task.
26. In order to help ensure impartiality in the regulation of broadcasting, members of the National Council for TV and Radio should not all be appointed by the President. The membership of the council should be diverse, with a composition that can ensure broad confidence, including media professionals, civil society, judicial bodies, government and political parties. The council should have an impartial and transparent mechanism for the allocation of new licenses to private TV stations to expand the diversity of media ownership.
27. The editorial line of media outlets should be determined free from interference or pressure by the authorities. The authorities should investigate all incidents of violence against journalists and hold those responsible accountable.

F. PARTICIPATION OF WOMEN
28. The authorities should engage in discussions with civil society and political parties regarding methods of increasing the participation of women in the election process.
29. The number of women appointed to election commissions at all levels should be increased, including to the position of Chairperson.
30. Training of election commissions and targeted voter information should be conducted in order to limit the practice of family voting.