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OSCE/ODIHR Post-Election Interim Report No. 1

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  • OSCE/ODIHR Post-Election Interim Report No. 1

    OSCE/ODIHR POST-ELECTION INTERIM REPORT No. 1

    A1+
    [08:08 pm] 25 May, 2007

    I. EXECUTIVE SUMMARY

    Following the 12 May elections to the National Assembly and the
    Statement of Preliminary Findings and Conclusions by the International
    Election Observation Mission (IEOM) on 13 May, the OSCE/ODIHR Election
    Observation Mission (EOM) continued to observe the vote tabulation,
    the announcement of results and the handling of complaints and appeals.

    During these last stages of the election process, the OSCE/ODIHR EOM
    observed certain inconsistencies with established regulations and
    departures from best electoral practice which do not contribute to
    strengthening public confidence in the election process.

    The vote count and tabulation were protracted but completed generally
    within legal deadlines. However, delay by the Central Election
    Commission (CEC) in posting tabulated results from the Yerevan
    constituencies on its website compromised transparency measures put
    in place for these elections.

    Several Territorial Election Commissions (TECs) were observed
    ordering corrections to Precinct Election Commission (PEC) protocols,
    including adjustments to "initial data" (for example, number of
    voters according to the voter lists, number of ballots received),
    contrary to the Election Code.

    The OSCE/ODIHR EOM observed discrepancies, some of them significant,
    between certified polling station protocol copies and preliminary
    disaggregated results tabulated by TECs and submitted electronically
    mainly via a networked computer system. While such mistakes may not
    have been deliberate, they included numbers swapped between lines,
    incorrect calculations and discrepancies in initial data.

    Three of the nine CEC members refused to sign the protocol of the
    nationwide preliminary proportional contest results, citing reports of
    violations that called into question the accuracy of the results. They
    refused also to sign the final results protocol.

    Recounts of results were initially requested in twelve constituencies,
    and took place to completion in five.

    These were conducted in accordance with the law and revealed no major
    results discrepancies with the preliminary results.

    At least 20 complaints and appeals relating to election day were
    received and adjudicated by the CEC and TECs.

    The president and the prime minister have stated that criminal
    responsibility for electoral violations is to be pursued. Some criminal
    cases have been initiated related to falsification of results, bribery
    and fraud involving the voter list. The OSCE/ODIHR welcomes these
    steps and emphasizes the importance of the thorough and impartial
    investigation of all alleged irregularities.

    II. INTRODUCTION

    For the 12 May election day observation, the OSCE/ODIHR EOM
    joined efforts with the OSCE Parliamentary Assembly (OSCE PA), the
    Parliamentary Assembly of the Council of Europe (PACE) and the European
    Parliament (EP) to form the International Election Observation Mission
    (IEOM). On the day after the elections to the National Assembly, the
    IEOM issued a joint Statement of Preliminary Findings and Conclusions.

    The statement reflected developments in the pre-election period,
    election day and the vote counting overnight. As noted in the
    Statement, a final assessment of the election also depends on the
    conduct of the remaining stages of the election process, including
    the vote tabulation, announcement of final results and the handling of
    post-election complaints and appeals. The OSCE/ODIHR EOM will continue
    to follow developments; this interim report covers developments for
    the period from 13 to 22 May. The OSCE/ODIHR will issue a comprehensive
    final report including recommendations approximately two months after
    completion of the election process.

    III. ELECTION ADMINISTRATION

    A. VOTE TABULATION AT TECS

    The IEOM observed the vote counting and completion of results
    protocols at 108 PECs, and tabulation of results at 39 out of the 41
    TECs. Vote counting observed at PEC level was protracted, although in
    only four observed instances did it extend beyond the legal deadline
    for completion (10 hours after the close of voting). In PEC 17/38
    the proportional counting and results protocol was completed at
    around 05:30 hours, and consequently the PEC did not conduct a proper
    majoritarian results count before filling out the majoritarian protocol
    in time for the 06:00 hours deadline.

    In 35 per cent of the polling stations where counting was observed,
    the PEC members had difficulties completing the results protocols,
    and in 11 cases the PEC was observed taking the prohibited action
    of changing protocol "initial data" (number of voters according to
    the voter lists, number of ballots and envelopes received, number of
    cancelled and unused ballot papers, number of ballot paper coupons).

    The implications of the observed difficulties with completion of
    results protocols at PECs became more evident at the point of transfer
    of results for tabulation at the TECs: many results protocols had
    been filled out incompletely or incorrectly by the PECs.

    Consequently, the completion or correction of protocols at TECs
    was widely observed - 17 percent of TECs ordered corrections - and
    completely new PEC protocols were observed being compiled at TECs 13,
    16 and 37. This appeared to contribute to disorganisation at TECs,
    with IEOM observers reporting procedural errors in 31 per cent of
    TECs. These included lapses in a number of procedures relating to
    the security of electoral materials and transparency.4 Overall, IEOM
    observers assessed the conduct of the tabulation as bad or very bad
    in 35 per cent of TECs.

    Actions prohibited in the Election Code were also observed: 14
    TECs were observed changing or ordering changes to "initial data"
    on PEC protocols; and in seven TECs bags containing ballot papers
    were delivered from PECs unsealed, or had clearly been sealed and
    reopened.5 At TEC 19 IEOM observers saw unsealed bags of ballot papers
    being taken downstairs to a campaign office of the Republican Party
    and then brought back up to the TEC premises sealed. TECs 4, 36 and
    40 were observed to have continued tabulation of results beyond the
    deadline of 14:00 hours on 13 May.

    The CEC had made considerable efforts to establish a transparent
    reporting system of results, with results disaggregated by PEC
    displayed on its website. Results were slow to appear on the website
    on 12-13 May. Most results from the 13 Yerevan TECs were not posted
    until after midday on 13 May, which cannot be explained by the slow
    rate of the counting and tabulation. Although results appeared
    within the deadline for the CEC to announce preliminary results
    (i.e. by 20:00 hours on 13 May), a significant lapse in the promised
    transparency of recording election results appears to have occurred,
    as the vote counting and completion of results protocols in Yerevan
    was reported by IEOM observers to have been completed by almost all
    Yerevan PECs before 06:00 hours on 13 May.

    The networked computer system linking the CEC to the TECs was not used
    for the delivery of results in Yerevan. By a decision of the CEC from
    February,6 the tabulated results data from the Yerevan TECs were to
    be delivered to the CEC premises and entered into the computer there,
    by CEC staff. The formal decision on this was apparently not widely
    understood, and appeared to be contradicted by information given closer
    to the election day, including in the CEC chairman's presentation of
    the system to the mass media on 12 April (see OSCE/ODIHR EOM Interim
    Report No.2).

    B. ANNOUNCEMENT OF RESULTS

    The CEC announced preliminary results for the proportional contest
    at 16:10 hours on 13 May.

    However, three of the nine CEC members - representing the former
    Justice Alliance, Orinats Yerkir and the National Unity Party -
    refused to sign the results protocol, on the grounds that the extent
    of electoral violations reported to them called into question the
    accuracy of the announced election outcome.

    Since 13 May the OSCE/ODIHR EOM has been able to compare 94
    certified PEC "protocol extracts" obtained by IEOM observers (from
    35 constituencies) with the disaggregated preliminary results of the
    proportional contest posted on the CEC website. Discrepancies in 187
    individual items of data entry were found. While such mistakes may not
    have been deliberate, they included numbers swapped between lines and
    incorrect calculations. However, significant discrepancies were also
    found in the socalled initial data. According to the Election Code,
    this data should not have been altered after initially being recorded.

    On 16 May OSCE/ODIHR EOM observers at the CEC premises in Yerevan
    witnessed CEC staff, in the presence of TEC representatives,
    re-entering PEC protocol data for the proportional contest into the
    computerized tabulation system. It was explained to the OSCE/ODIHR
    EOM that original protocols brought to Yerevan by the TECs were being
    used for the data re-entry, and that final election results would be
    established on this basis.

    On 19 May the CEC held its session on establishing and announcing
    final results of the proportional election and approving the results
    of the majoritarian contest.

    The final results as announced included minor changes in tabulated
    figures as compared to the preliminary results; however these did
    not appear to affect the election outcome as calculated in the
    preliminary results. The same three CEC members who had refused
    to sign the preliminary results protocol refused to sign the final
    results protocol.

    While the TEC protocols disaggregated by PEC for the proportional
    contest are required by law to be publicly posted, the posting
    of the majoritarian contest results as disaggregated by PEC is not
    stipulated in the Election Code. Consequently, proxies, observers and
    other interested parties had no possibility to check the correctness
    of certified PEC protocol copies against a TEC protocol for the
    majoritarian contest.

    Moreover, the period for which result protocols (proportional and
    majoritarian) should be on display at PEC and TEC premises is not
    stipulated. In many places the OSCE/ODIHR EOM observed that protocols
    were taken down shortly after election day. On 18 May, the OSCE/ODIHR
    EOM noted that all TEC protocol data on majoritarian contest results
    had been removed from the CEC website.

    The extent of problems and irregularities arising during the
    counting, tabulation and publication of results, and deficiencies in
    transparency, are not conducive to strengthening public confidence
    in the administration of crucial election procedures.

    The authorities have begun to take corrective steps, including
    launching a criminal investigation of all nine members of PEC 15/16
    for falsification of election results, and initiating criminal cases
    also for bribery and for fraud involving the voter list.

    President Robert Kocharyan and Prime Minister Serge Sargsyan have
    stated that criminal responsibility for electoral violations is being
    pursued (see also below).

    C. RECOUNTS

    The Election Code provides that candidates, proxies or PEC members have
    the right to appeal the results of the voting in a particular precinct
    by submitting a recount request to the respective TEC. Although
    in the event of a high number of such requests the TEC's capacity
    to complete its work within proscribed deadlines can be challenged,
    the Election Code allows flexibility for TECs to extend their working
    hours to accommodate such an eventuality,8 and there are no provisions
    in the law stipulating any reasons why a TEC may refuse to conduct a
    recount if correctly requested. In cases where TECs rejected requests
    for recounts, the decision to do so was made on procedural grounds
    and in accordance with the law.

    The OSCE/ODIHR EOM was made aware of more than 30 requests for
    recounts affecting more than 200 polling stations in 12 constituencies;
    mainly these related to majoritarian contests. A number of these were
    subsequently withdrawn by the complainant. In two cases known to the
    OSCE/ODIHR EOM (in TECs 15 and 25) the complainants withdrew their
    requests for a recount after it had commenced, because they allegedly
    did not trust the TEC recount process.

    The recount at TEC 15 was affected by a demonstration outside the
    premises on 16-17 May and delays in reaching a quorum. In the five
    places where recounts took place to completion, they were reported
    to have been carried out in a calm atmosphere and in accordance with
    procedures. TEC 33 did not meet the deadline for summarization of
    the recounts, but reportedly was given a deadline extension by the CEC.

    Recounts observed by the OSCE/ODIHR EOM did not produce significantly
    different results from those recorded in the original protocols.

    D. LEGAL CHALLENGES TO THE RESULTS

    Election results can only be challenged in the Constitutional
    Court. Court officials informed the OSCE/ODIHR EOM, that, guided by the
    Law on the Constitutional Court, it will receive complaints for both
    the proportional and majoritarian contest on the seventh day after
    the announcement of final results, i.e. 26 May for the proportional
    contest, and generally on 24 May for the majoritarian contests10
    (the Election Code says within seven days, but the Constitutional
    Court officials said that the different wording in the Law on the
    Constitutional Court takes precedence). The Constitutional Court has
    fifteen days to render a final decision on the proportional results
    after their announcement,11 while one month is granted for deciding on
    majoritarian disputes. Moreover, the Constitutional Court may decide
    to prolong the deadline for a decision in the majoritarian contest for
    up to 50 days. At this writing one complaint has been received by the
    Constitutional Court, from majoritarian candidate Heghine Bisharyan
    (Orinats Yerkir), disputing the majoritarian election results in
    TEC 11.

    IV. OTHER POST-ELECTION COMPLAINTS AND APPEALS

    The OSCE/ODIHR EOM was informed of seven complaints (on behalf of
    various political parties and the CEC member from Orinats Yerkir)
    filed with the CEC, and around twice that number filed with TECs
    alleging irregularities on election day, mainly about procedural
    violations, vote buying, ballot stuffing, military voting, the
    presence of unauthorized persons and election day campaigning. The
    CEC demonstrated genuine efforts to handle disputes by responding to
    all of the complaints in a timely manner. Most of the complaints it
    received were rejected on jurisdictional grounds or as being without
    substance (in one case of the latter, concerning alleged vote buying
    and ballot stuffing, the CEC consulted with the relevant TEC before
    making its determination).

    TECs have been handling complaints in a transparent manner, but some
    issues raised concern. In particular, on election day, TEC 17 refused
    to review four complaints submitted by a candidate. The complaints
    were erroneously addressed to individual PECs and not the TEC, and the
    TEC refused the complaints while it could instead have encouraged the
    applicant to correct the formal error.12 The OSCE/ODIHR EOM was also
    informed of ten applications received by the Office of the Prosecutor
    General concerning election day irregularities possibly constituting
    criminal offences. As noted above, some criminal cases have already
    been initiated.

    The OSCE/ODIHR EOM will continue to follow the complaints and appeals
    process. It appreciates the continued co-operation with the authorities
    of the Republic of Armenia.
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