TEFA Press Release about Invalidating of Kabul’s Votes

Kabul’s decision to declare all Kabul constituency’s votes invalid: 

1. Before issuing such a decision The Electoral Complaints Commission (ECC) should have allowed the Independent Election Commission (IEC) to recount the suspicious votes and announce their decision. The IEC’s decision on Kabul’s votes has not yet been specified to let ECC decide on it.
2. Although, according to some jurists, the decision of the ECC is law-based and in compliance with Article 94 of Paragraph 5 of Election Law which states “If the principles of fairness, secrecy and directness of elections in one area are violated, The Central Commission for Complaints can annul elections in that area. In this case, the IEC holds a re-election within seven days in the area.” This authority has been granted to the Electoral Complaints Commission but in the current context, it is impossible to hold elections in Kabul in the next seven days.
3. There were serious issues in the Parliamentary Elections such as problems with voters’ lists, biometric devices, absence of electoral staff and so on which still exist and no practical reforms have been made to address those issues, therefore holding another elections in this situation will not increase the percentage of transparency. 
4. According to TEFA’s observations, not all votes of Kabul Constituency have been foul to deserve a hundred percent invalidation. The ECC’s decision to annul all votes will sacrifice the people’s valid votes for invalid ones which is surely a decision contrary to the conduct of electoral justice.

TEFA supports the legal decisions of both Commissions, but the electoral commissions as decision making entities about the people’s votes should consider their decisions precisely and measure the consequences of those decisions carefully.

TEFA suggests that:

1. First the Electoral Complaints Commission (ECC) should give the IEC the opportunity to recount the votes of dubious centers and then a correct decision on the Kabul votes should be taken.
2. The opposition between the ECC and the IEC will not only solve the problem but also add to it. TEFA suggests that both commissions in coordination with each other should measure the aspects of the Kabul votes’ problems and reach a common decision.
3. TEFA calls on all the candidates in the Kabul constituency to maintain their peace of mind and until the status of the votes of Kabul is clarified, avoid all types of gatherings and large demonstrations.

Unofficial translation by Najiba Moradi, NDI, on December 7, 2018

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