HCA Vanadzor and organization’s observer challenge in a court of law the legitimacy of the election commission’s actions12:43, April 15, 2017 | News, Own news | Electoral Rights
During the observation mission carried out by the ‘Independent Observer’ Public Alliance on RA NA election day of April 2, 2017, an observer of Helsinki Citizens’ Assembly-Vanadzor at polling station №14/10 in Armavir marz (region) noticed, among other frauds, some cases when the same person assisted for 3 times persons unable to vote independently and then suggested recording that fraud in the polling station election commission’s register. The chairperson of the commission rejected the request without any grounds.
A complaint was filed with the election commission at voting district №14 on declaring the polling station commission’s inaction unlawful and compelling it to record the observer’s opinion in the registry. However, upon examining the complaint, the district commission rejected it. Moreover, the district election commission rejected the motion of the observer’s representative to view the polling station video-record file and referred to the other records made by the observer in the registry on other frauds identified in the said polling station that had nothing to do with the above violation.
Hence, the commission violated not only the observer’s right prescribed by the Electoral Code but also interfered with his observation mission.
Given the risk that the election commission might take the same actions in similar situations, observer O. A. and HCA Vanadzor applied to the RA Administrative Court to declare the actions of the election commission at polling station № 14/10 unlawful and compel it to record the observer’s opinion and annul the decree of the election commission of voting district № 14 on rejecting the complaint.
At the initial court hearing of April 12, 2017 held at the RA Administrative Court, the defendant party denied that the observer had demanded that the commission chairperson made a record in the electoral frauds register.
Note that during the examination of the complaint, the election commission of voting district № 14 did not challenge that fact and moreover insisted that the record was made.
By its judgment announced today, the Court rejected the application.