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.