CONCLUSIONS

 

1. A general evaluation of the accredited domestic and foreign observers is that the local elections in RM in 2005 were fair, democratic and in accordance with the Document from Copenhagen of OSCE and the other international standards for democratic elections, but with serious irregularities (stuffing of the ballot boxes, group voting, violation of the secrecy of the voting, family voting, not carrying out of the procedure for check-out of the identity of the voters etc.) in a significant number of municipalities in the western and northwestern part of the country which have an impact on the integrity of the total election process.

 

2. A large number of objections (submitted to the municipal polling committees) and complaints (filed to the Supreme Court of RM) are an objective indicator about the irregularities and the violations of the elections process, and as a result of the objections and the complaints (the irregularities) a re-voting was held on March 27, April 10, April 24, May 8, and there were pre-term elections in the municipality of Suto Orizari .

 

3. During the local elections a total of 49 criminal acts against the elections and the voting are committed, 61% of the total number of criminal acts are committed in the first election round, 27% during the second election round, 8% on the re-voting on 10.04.2005, and 4% on the re-voting on 24.04.2005.

 

4. Criminal acts are committed in 11 municipalities, and the largest number of criminal acts is committed in the municipality of Suto Orizari .

 

5. Only 5% of all the criminal acts are committed outside of the polling stations, while the remaining 95% are committed in the rooms themselves where the voting was conducted.

 

6. A large number of the criminal acts are committed by members of the bodies for carrying out the local elections. Namely out of a total of 31 accused, 15 accused are members of the bodies for carrying out the local elections, and that is 4 accused at the moment of committing the criminal act were presidents of the election boards, and 11 accused were members of the election boards.

 

7. 70% of the criminal acts during the local elections are reported by the Ministry of internal affairs, and only 10% are reported by citizens.

 

8. For criminal acts against the elections and the voting during the local elections in 2005, 65 persons are reported. Out of a total of 65 reported persons for 15 persons the criminal charges are dropped, and that is based on the same legal grounds – non-existence of a well founded suspicion that the reported has committed the act, against 13 persons an investigation is carried out, for 6 persons evidence is collected by the Public Prosecutor Office, and 31 persons are convicted.

 

9. Out of a total of 31 accused, against 4 persons the first-instance procedure is ongoing, for 1 person a verdict is reached by which the charges are rejected, 21 persons are pronounced guilty, and 5 persons are convicted.

 

10. On the basis of the analysis of the data about the type and the height of the criminal sanctions pronounced to the perpetrators of criminal acts against the elections and the voting concerning the local elections, it was established that when meting out the sanctions, the Macedonian courts moved within the frames of the legal maximum and minimum, except in two cases where the sanction is meted out under the legal minimum.

 

11. With respect to the obeying of the international standards for fair trial in the criminal proceedings against the perpetrators of the criminal acts against the elections and the voting, on the basis of the gathered data it was established that the perpetrators were tried in their presence (except two accused), in a reasonable time period before a competent, independent, impartial and by law founded court,. The accused did not use the right to remain silent, or the right to an interpreter, and they used the right to suggest evidence in their defense as well as the right of defends themselves with the help of a defense lawyer at their own choice.

 

12. A large part of the irregularities recognized by the domestic and foreign observers, are a criminal act.

 

•  Breaking ballot boxes; existence of tension, unrests and intimidation at the polling station themselves and outside the polling stations; the violent behavior and fights in the polling stations; the assaults on voters are a criminal act – prevention of elections and voting;

•  Voting instead of other persons; the family voting – are a criminal act – misuse of the right to vote;

•  The violation of the secrecy – represents a criminal act – violation of the secrecy of the voting;

•  The Agitation on the voters in front of the polling stations – represent a criminal act – violation of the freedom of choice of the voters;

As opposed to the large number of persons who during the local elections in 2005: voted instead of others, voted instead of the members of their family, broke ballot boxes, violated the secrecy of the voting, physically attacked the voters etc., stated in the reports of the accredited domestic and foreign observers, there is a very small number of persons against whom criminal charges are filed, which justifies the conclusion for the criminal persecution of the perpetrators of criminal acts against the elections and the voting during the local elections in 2005 is negative.

 

 
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