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Voters
and the Electoral Subjects have the Right to Appeal
27.06.2005
Albanian
Helsinki Committee (AHC), based on the information of its monitors,
has followed attentively the fact that a considerable number of
voters do not have their names in the final promulgated voters’
lists.
AHC
considers seriously this issue. The shortcomings in this area have a
direct affect on the exercise of the right to vote as a fundamental
right of the citizens.
Although
there is only 6 days away from the voting process to take place, AHC
calls on all voters whose names are not included in the final
voters’ lists to address themselves to the respective District
Court with the request to allow them to vote in their respective
voting centers. These voters should be aware that the only
responsible body which has the competence regarding this issue is
the respective district court.
AHC,
by means of this public statement, would like to make known and
clarify the voters that according to article 60 of the Electoral
Code, they should submit their request to the respective district
court till 24 hours prior to the elections days, that is within
Friday, 1 July 2005, 24:00 o’clock. In addition, voters should
know that the court should investigate these cases during the last
day before the elections take place, even during the voting day but
not later that 6 hours before the voting day is closed.
These
voters should know that this procedure is quick and fast, it
suffices that they attach to their request the appropriate
certificates required.
Having
provided with the court decision that accepts their request, voters
have the right to go to the voting center to vote like all the other
voters, despite of the fact that their names are not included in the
lists that the Voting Center Commissions (VCC) possess.
AHC,
taking into account the above-mentioned issue, considers as
necessary to treat another issue in this context, that of the right
that the electoral subjects (political parties), party coalitions,
their candidates or independent candidates have, to appeal to the
Central Electoral Commission (CEC) or to the Electoral College at
the Court of Appeal in Tirana in cases when they claim that their
legitimate interests are infringed.
Such
has been the stand taken by the OSCE/ODIHR in the 2001 parliamentary
elections, when this body recommended the electoral subjects to
appeal in cases of claims of the infringement of their legitimate
interests to the respective national bodies and in the ultimate
cases even to the Strasbourg Court.
AHC
calls the attention to this issue since we are on the eve of the
elections and the complaints addressed to the CEC against the
actions taken by the Electoral Zone Commissions (EZC) or the
complaints addressed to the Electoral College at the Court of the
Appeal against the CEC decisions will start soon.
AHC
is of the opinion that all electoral subjects and especially the two
main political parties, should learn from the negative experience of
the previous elections where pressure was exerted on and even
accusations of political character were addressed to constitutional
bodies such as: Constitutional Court, High Court, CEC and in some
cases even against the Electoral College at the Court of Appeal in
Tirana which was established in year 2003.
These
undesirable phenomena have occurred because certain political
parties have not agreed upon or did not like the decisions issued by
the above-mentioned responsible state bodies.
AHC
is aware of the fact that to object or criticize a certain court
decision is normal, but to put pressure over CEC, Constitutional
Court, High Court, the Electoral College is not acceptable. These
bodies act upon the respective constitutional and legal provisions,
despite of the possible shortcomings or violations which might take
place.
In
order to prevent such phenomena which could effect negatively and
lead to a deteriorated political climate in the country and the
coming elections, AHC deems it necessary to refer to article 145 of
the Constitution of the Republic of Albania which states that:
“Judges are independent and subject only to the Constitution and
the laws. And that: “Interference in the activity of the courts or
of the judges entails liability according to law”.
All
are obliged to apply and observe this provision.
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