Seyidzade v. Azerbaijan, No. 37700/05, ECtHR (First Section), 3 December 2009

Refusal to register a former clergyman as a candidate in the parliamentary elections.

Art. 3, Prot. 1 ECHR

1. The fact that the Azerbaijan Electoral Code places certain limits on the right to vote does not in itself constitute a violation of Article 3 of Prot. 1 of the ECHR. However, a general limitation of the right to vote for 'clergymen' leaves too much room for discretion to the electoral authorities.

2. The lack of a definition of the terms "ecclesiastical" and "professional religious activity" risks leaving much room for arbitrariness in the application of the electoral law, thereby compromising the very values guaranteed by Article 3 of Prot. 1 of the ECHR.
(The candidature of the applicant, a Muslim priest, in the parliamentary elections was initially ratified by the Electoral Commission, following the signing of a formal undertaking to cease all activities incompatible with the office for which he was a candidate. Subsequently, however, the same Commission revoked his registration as a candidate in the elections because of an alleged continuation of his 'religious activity).