ON THE CASE ON THE DISPUTE OF THE RESULTS OF THE NATIONAL ASSEMBLY ELECTIONS BY MAJORITARIAN SYSTEM IN CONSTITUENCY # 18 HELD ON MAY 30, 1999

Yerevan, June 23, 1999

The Constitutional Court of the Republic of Armenia chaired by the President of the Constitutional Court G. Harutiunian,represented by the Deputy President of the Constitutional Court V. Hovhannissian and the Constitutional Court Members A. Gyulumian, F. Tokhian, R. Papayan, V. Poghossian, V. Sahakian and M. Sevian ,

with the participation of

the plaintiff Samvel Shahinian, the candidate for deputy of the Republic of Armenia National Assembly,

the respondent A. Movsessian, the representative of the Yerevan Electoral Commission,

pursuant to Paragraph 3 of Article 100 and Paragraph 3 of Article 101 of the Constitution of the Republic of Armenia, to Paragraph 3 of Article 5, to Article 21(1), to Paragraph 3 of Article 25 and to Article 57 and of the Republic of Armenia Law “On the Constitutional Court”,

considered in a public hearing, through the written procedure, the case “On the dispute on the results of the National Assembly elections by majoritarian system in constituency # 18 held on May 30, 1999.”

The case was initiated by the candidate for deputy of the Republic of Armenia National Assembly Samvel Shahinian’s petition.

Having heard the report of the Constitutional Court Member F. Tokhian, the reporter of the case, having examined the explanations of Samvel Shahinian, the candidate for deputy of the Republic of Armenia National Assembly and of A. Movsessian, the representative of the Yerevan Electoral Commission, and having investigated the existing documents of the case, the Constitutional Court of the Republic of Armenia

FINDS:

1. According to the final protocol drawn up by the Yerevan Electoral Commission on the results of the Republic of Armenia National Assembly elections by majoritarian system in constituency # 18 held on May 30, 1999, the breakdown of the ballots cast for 7 candidates was the following: 1,310 – for Hovik Aghazarian; 280 – for Saribek Aramian; 743 – for Armen Kirakossian; 6,801 – for Martin Hovhannissian; 1,275 – for Hratchik Manukian; 551 – for Samvel Shahinian and 233 – for Vadim Petrossian.

On June 3, 1999, the Yerevan Electoral Commission adopted a decision that Martin Hovhannissian has been elected as a deputy of the National Assembly from Constituency # 18.

2. The candidate for deputy of the Republic of Armenia National Assembly Samvel Shahinian contested that decision in his petition filed with the Constitutional Court and requested to annul the results of the elections in Constituency # 18 according to Paragraph 5 of Article 116 of the Electoral Code of the Republic of Armenia.

According to the plaintiff, summarizing the election results in Constituency # 18, the Yerevan Electoral Commission violated the provisions of Articles 116 and 62 of the Electoral Code of the Republic of Armenia and disregarded a number of violations that were committed during the pre-election phase, on the election day and during summarizing the elections results. In particular, the plaintiff contended that on the election day the voters lists in all 13 electoral precincts were inadequate, in two precincts the stamps (when taken out of the safe) were found to have ink stains, the appointments of new chairperson of the precinct electoral commissions in two electoral precincts were made by the Yerevan Electoral Commission illegitimately.

To support his claims, the plaintiff submitted, as evidence, copies of voters lists from the electoral precincts in question, copies of the final protocols drawn up by the Yerevan and precinct electoral commissions, copies of the decisions and rulings handed down by courts of primary jurisdiction of a number of communities in Yerevan, copies of protocols drawn by some precinct electoral commissions and other documents.

3. In the respondent’s estimation, the candidate for deputy of the Republic of Armenia National Assembly Samvel Shahinian’s claim was unsubstantiated and should be dismissed since the contention was that the violations referred to in the plaintiff’s petition had not been properly and timely recorded or had been dismissed following the legally stipulated procedure and the officially recorded violations had not been such as to affect the outcome of the elections.

4. The Constitutional Court demanded and received from the Yerevan Electoral Commission the following documents related to Constituency # 18:

a) copies of the decision made by the Yerevan Electoral Commission to declare the candidate elected as well as copies of the final protocols drawn by the Commission,

b) copies of the final protocols as well as of the protocols on the number of inaccuracies drawn up by the electoral commissions in all of the thirteen electoral precincts,

c) a report on complaints lodged with the Yerevan Electoral Commission.

5. According to Paragraph 5 of Article 116 of the Electoral Code of the Republic of Armenia, the election of a parliamentarian is pronounced null and void if a number of inaccuracies that affect the number of cast ballots rules out the possibility to determine the winning contestant or else if such violations of the same Code occurred during the pre-election and election day phases that could have affected the outcome of the elections.

The examination of the protocols on the number of inaccuracies drawn up in all the thirteen electoral precincts of constituency 18 revealed that a number of inaccuracies affecting the number of ballots cast was 35, whereas the final protocol reported 20.

The number of inaccuracies does not rule out the possibility to determine a winning candidate since the candidate who collected the maximum number of votes was 5,491 votes ahead of the candidate with the second best results. That figure is bigger than the number of inaccuracies.

The evidence submitted by the plaintiff about the voters lists testifies that the Yerevan Electoral Commission and the office of the head of the community of the residential quarter failed to comply with the requirements of Articles 9 through 14 and Article 42 of the Electoral Code of the Republic of Armenia and created problems for uninhibited exercise of the right to vote by citizens.

At the same time the assessment of the impact of the actual facts cited by the plaintiff testifies that they did not have a significant impact on the outcome of the majoritarian system elections held in the constituency in question.

It should be noted that not a single complaint was lodged with the Yerevan Electoral Commission on the election results in constituency # 18 prior to 2:00 p.m. May 31, 1999. This statement is supported by the report signed by the secretary of the Yerevan Electoral Commission A. Balassanian and properly certified.

Proceeding from the results of the case, hearing and adhering to Parahraph 3 of Article 100 and to Article 102 of the Constitution of the Republic of Armenia, to Paragraph 3 of Article 5 and to Articles 57, 67 and 68 of the Republic of Armenia Law “On the Constitutional Court”, the Constitutional Court of the Republic of Armenia

G. Harutiunian
President of the Constitutional Court