Venice Commission head points to drawbacks in Azeri electoral code

Turan news agency, Baku
14 Apr 05

There are drawbacks in Azerbaijan’s election legislation that need to
be rectified, the secretary of the Venice Commission of the Council of
Europe, Gianni Buquicchio, has said. In an exclusive interview with
the Azerbaijani news agency Turan, Buquicchio regretted the
Azerbaijani authorities’ failure to implement some of the commission’s
recommendations. He said the most important of them concerned the
principles of forming electoral commissions. If the commission’s
recommendations had been fulfilled, the authorities could have avoided
certain problems, he stressed. The following is the text of report by
Azerbaijani news agency Turan:

14 April: (An exclusive interview with the head of the Venice
Commission, Gianni Buquicchio, to Turan news agency)

[Correspondent] The head of the Azerbaijani presidential
administration, Ramiz Mehdiyev, recently said that the authorities
will not amend the country’s Electoral Code. His remarks imply that
Azerbaijan’s electoral laws are quite democratic and are approved by
the Council of Europe. Do you agree with this opinion and what can you
say about the role representatives of the Venice Commission play in
the work on Azerbaijan’s Electoral Code?

[Buquicchio] The Venice Commission has been cooperating with
Azerbaijan on electoral issues for several years. Back in 2003, the
commission reached an extensive opinion on Azerbaijan’s Electoral
Code. Unfortunately, a number of our recommendations were not fully
implemented by the authorities. The elections in 2003 and 2004
illustrated that it is necessary to improve not only the management of
the electoral process, but also relevant laws.

In March 2004, the Venice Commission made a series of recommendations
on the election legislation and electoral practices in
Azerbaijan. They were prepared in cooperation with the OSCE Office for
Democratic Institutions and Human Rights and highlighted a number of
drawbacks in the Azerbaijani Electoral Code.

In February 2005, the Azerbaijani authorities suggested discussing
possible changes to the code. A discussion with representatives of the
authorities was held in Strasbourg on 1 March. It was decided that the
authorities would prepare a draft of changes to the code and submit it
to the Venice Commission for examination in April.

[Correspondent] The Electoral Code was adopted in Azerbaijan in
2003. Then the main dispute was about the principles of forming
electoral commissions. The Venice Commission offered a compromise
solution, but the authorities used it only partly, keeping electoral
commissions under government control. Does the Venice Commission
expect to put forward new proposals in the light of the forthcoming
parliamentary elections?

[Buquicchio] We think that if the authorities had adopted and
implemented some recommendations in 2003, they could have steered
clear of certain problems concerning the formation of electoral
commissions. We hope the draft changes the authorities will submit to
the Venice Commission in April will include proposals on the formation
of electoral commissions.

This new round of cooperation with the Azerbaijani authorities has
started and I hope we can still make considerable recommendations in
the run-up to the parliamentary elections in November and the
Azerbaijani authorities take our suggestions into account.

[Correspondent] Is the issue being raised of restoring the
proportional representation system that was abolished in Azerbaijan in
2002?

[Buquicchio] This issue was not discussed. I would like to take this
opportunity to say that we do not give preference to a particular
electoral system. Both the first-past-the-post and proportional
representation systems are democratic and are extensively used in
Council of Europe member countries. It is up to the country to choose
either system. The Venice Commission can only advise on technical
aspects of elections and electoral laws.

[Correspondent] How much does the Azerbaijani Constitution and the
judicial system meet the European standards? Changes were made to the
Azerbaijani Constitution in 2002. Do these changes fully reflect the
commitments Azerbaijan assumed on entry into the Council of Europe?

[Buquicchio] The commission expressed its opinion that the
constitution should be amended in an effort to improve the balance
between the executive and representative branches of power. We think
the parliament could receive more power. The Council of Europe
Committee of Ministers also insists on invigorating the division of
power and ensuring the independence of the judiciary.

[Correspondent] Does the law on advocacy meet the Council of Europe
requirements?

[Buquicchio] This is a controversial issue. The Council of Europe and
the Azerbaijani authorities have repeatedly discussed it. At present,
the Council of Europe Committee of Ministers (the Ago Group) is
monitoring the situation. A final opinion will be delivered after the
monitoring is completed.

[Correspondent] Can the system of appointing judges in Azerbaijan be
considered democratic?

[Buquicchio] The law on legal counsel and amendments to the law on
courts became effective in January 2005. The new procedures of
appointing judges are already in force. It is premature to assess the
new procedure at this point. However, the Council of Europe is
carefully following the situation.

[Correspondent] Has the Venice Commission offered assistance in
developing the status of autonomy for Nagornyy Karabakh?

[Buquicchio] The commission has gained extensive experience in issues
of possible settlement to ethnic and political conflicts. At the same
time, I would like to say that the commission can take part in this
issue only at the technical and legal levels, not political.

The Nagornyy Karabakh issue is the prerogative of the OSCE Minsk
Group. Therefore, the commission’s involvement in this issue would be
possible only at the request of all interested sides or international
organizations.