“Presidential election conducted in an environment violating national and international standards for free and fair elections.” – finds EMDS on the snap presidential election in Azerbaijan

The EMDS undertook an observation of the early presidential election held on February 7, 2024. This observation included all stages from candidate nomination and the pre-election campaign to the voting and vote counting on election day. EMDS, in collaboration with 15 independent observers, conducted long-term monitoring of the pre-election stage and released an Interim Report detailing their findings. On election day, 117 independent observers were deployed in randomly selected polling stations to conduct statistical based observations.

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The organization expressed concerns that the decision to hold the presidential election 14 months in advance posed significant challenges for the involvement of all stakeholders, including political parties, presidential candidates, civil society organizations, and international observers.

EMDS notes that the Azerbaijani authority did not implement previous recommendations from local and international bodies to improve election legislation and practices. Furthermore, it highlighted the continued restrictions on freedom of expression, assembly, and association, alongside an increase in politically motivated arrests. This environment led to a reduction in the number of political parties, restricted activities of independent civil society organizations and media, and escalated political persecution.

EMDS observed that the pre-election campaign lacked genuine competition among political forces, diminishing the political engagement in the country and denying voters a real choice among diverse political perspectives, which is essential for a free and fair election.

The organization also identified persistent issues with the election commissions, including unresolved allegations of voter list inaccuracies and obstacles to observer registration and independence. Despite some minor logistical improvements at polling stations, significant problems were noted during voting and counting processes, such as unauthorized voter participation, group voting, local executive interference, multiple voting by individuals, breaches of voting secrecy, and pressure on observers and journalists. These issues were exacerbated by the lack of transparency and openness from some Precinct Election Commissions.

Discrepancies between observed voter turnout and official figures raised concerns about the integrity of the election, with suspicions of artificially inflated turnout through improper practices.

EMDS concluded that the early presidential election on February 7, 2024, was conducted in an environment lacking democratic principles and real political competition, violating national and international standards for free and fair elections.

To end the political stagnation observed around the presidential election dated February 7, 2024, and to foster mutual trust between citizens and the state, the EMDS urges the immediate release political activists and journalists imprisoned on political grounds, the elimination of barriers restricting the operations of political parties, civil society organizations, and independent media, and the improvement of the Electoral Code and election practices based on the recommendations of the Venice Commission of the Council of Europe and the Office for Democratic Institutions and Human Rights (ODIHR) of the OSCE.

• The early presidential election on February 7, 2024, was scheduled without adequately assessing the political needs surrounding the elections, disregarding the principle of periodic elections, and failing to notify all civil and political parties in advance.
• Despite recommendations from the Venice Commission of the Council of Europe and the OSCE Office for Democratic Institutions and Human Rights, no improvements have been made to the Electoral Code, or the laws governing NGOs, media, and political parties.
• Since the 2020 parliamentary elections, the opportunities for political activity has further diminished, with an uptick in politically motivated arrests. Decisions by the European Court of Human Rights on such arrests, the right to a fair trial, and violations of electoral rights remain unenforced, despite ongoing calls for action by the Committee of Ministers of the Council of Europe.
• Political stagnation has deepen, with the number of political parties dropping by half. Restrictions on independent civil society organizations and media have grown, along with increased persecution of journalists and civil activists. This climate hindered active participation from civil society organizations and political parties in the February 7 election, undermining the expression of citizens’ free will.
• The pre-election campaigning failed to foster a genuine contest among opposing political forces, leaving voters without a real choice among diverse political perspectives. The debates broadcasted on Public Television and radio were insufficient to promote political pluralism, including addressing voters’ desires and needs.
• Shortcomings were noted in the CEC’s handling of election organization, specifically in compiling voter lists, guaranteeing transparency, and registering local election observers.
• Election day witnessed traditional/serious legal violations across polling stations across the country, including multiple voting by individuals, the mobilization of voters through administrative resources and pressures on observers.
• Given the absence of a conducive democratic environment, lack of equal and authentic political competition, failure to amend the Election Code, and persistent legal infringements, the early presidential election on February 7, 2024, cannot be deemed free and fair.

• The Government needs to show commitment to upholding freedom of expression, assembly, and association, end the suppression of political opponents to overcome political stagnation, and embrace tolerance towards free media and an independent civil society.
• Release of civil activists, journalists, and political figures detained on political grounds must be ensured , and a favorable democratic environment should be created for the development of citizen-state relations in the country.
• A political will aimed at improving the Electoral Code and electoral practices, taking into account the recommendations of the Venice Commission of the Council of Europe, the Office of Democratic Institutions and Human Rights of the OSCE, including local civil and political organizations.
• Election commissions must publicly disclose their decisions regarding the accountability of individuals responsible for documented violations on election day.
• Election commissions should demonstrate efforts to ensure transparency in the election process and create conditions for all citizens to observe the election process without hindrance.