Namat Aliyev v. Azerbaijan, No. 18705/06, ECtHR (Prima Section), 8 April 2010

Failure by domestic authorities to adequately investigate complaints of electoral irregularities. 

Art. 3, Prot. 1 ECHR

1. The Court observed, firstly, that when faced with a complaint about elections it is not the right of the plaintiff to win the elections that is at stake, but his right to be able to freely and effectively stand as a candidate in them.

2. States had to ensure a genuine effort to address the substance of individual complaints of election irregularities and that decisions are sufficiently reasoned. The applicant's complaints were not effectively addressed at the national level and were arbitrarily dismissed.
(The applicant alleged a number of irregularities during the parliamentary elections. In support of his allegations, he submitted to the Central Election Commission the originals of the election observers' affidavits, together with audio tapes and other evidence. The Constituency Election Commission dismissed the applicant's complaint as unfounded without further investigation).