Possibility to appeal

OSCE/ODIHRElection Observation Mission Final Report, Parliamentary Elections Republic ofTajikistan (2010-02-28)

XIII. COMPLAINTS ANDAPPEALS

The complaints and appealsprocess, primarily regulated by the election law, civil procedure code, andadministrative offences code, generally lacks sufficient clarity and guaranteesof due process. Courts and election commissions have overlapping jurisdictionfor consideration of complaints against decisions of election commissions, with the Supreme Court as afinal instance in all cases. In this context, there is a lack of clarityabout the respective mandates of the courts and electoral bodies. This is madeworse by an absence of systematic co-operation between the kinds ofinstitutions in cases when duplicate complaints are filed. Complaints allegingviolations of the election law can be filed to courts.

Officefor Democratic Institutions and Human Rights