"While the Court is not required under Article 3 of Protocol No. 1 to verify whether every particular alleged irregularity amounted to a breach of domestic electoral law (see I.Z. v. Greece, no. 18997/91, Commission decision of 28 February 1994, Decisions and Reports 76-B, p. 65, at p. 68), its task is nevertheless to satisfy itself, from a more general standpoint, that the respondent State has complied with its obligation to hold elections under free and fair conditions and ensured that individual electoral rights were exercised effectively (see Namat Aliyev, cited above, § 77). In this connection, the Court considers that in cases where it is alleged that the breach of the domestic legal rules was such that it seriously undermined the legitimacy of the election as a whole, Article 3 of Protocol No. 1 requires it to assess whether such a breach has taken place and has resulted in a failure to hold free and fair elections. In doing so, the Court may have regard to whether an assessment in this respect has been made by the domestic courts; if it has been made, the Court may confine its own review to whether or not the domestic courts’ finding was arbitrary (see, mutatis mutandis, I.Z. v. Greece, cited above, and Babenko v. Ukraine (dec.), no. 43476/98, 4 May 1999). "
CoE (ECHR): Case of Karimov v. Azerbaijan, para. 43

Download Document

Case of Karimov v. Azerbaijan