CDL-AD(2020)025 -6- appeals be short while stating that they must however be long enough to make an appeal possible, to guarantee the exercise of the rights of defence and a reflected decision. Indeed, a number of cases brought before administrative or jurisdictional bodies are rejected for procedural reasons, either because time limits are exceeded or because the competent bodies do not take the time to analyse the substantive elements of the case, arguing of short deadlines. The question of time limits will be developed in Part VII of the report. 18. Part VIII of the report will deal with other procedural issues, in particular regarding the right to a fair trial and the effectiveness of election dispute resolution systems, the transparency of such a system, the reasoning of decisions on complaints and appeals as well as the right to submit evidence and the burden of proof. 19. Last but not least, a successful system of election dispute resolution relies on the effectiveness of the decision-making power of the competent body. Electoral management bodies, courts or other relevant bodies responsible for validating elections and announcing election results have to take decisions even in sensitive cases, which includes inter alia the delicate issue of cancellation of elections. The report will develop in its Part IX the various existing systems of decision-making, and in particular the possibility to partially or fully cancel elections. III. A. International instruments and case-law International Covenant on Civil and Political Rights 20. Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR) calls for possibilities for judicial remedy, stating that “any person […] shall have an effective remedy […]” and that “any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy.” 21. Article 25 (b) of the International Covenant on Civil and Political Rights provides “every citizen” with a right “[t]o vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors”.17 22. General Comment No. 25, aimed at complementing and interpreting Article 25 (b) of the ICCPR, states that, regarding complaints and appeals, “[t]here should be independent scrutiny of the voting and counting process and access to judicial review or other equivalent process so that electors have confidence in the security of the ballot and the counting of the votes.”18 19 B. European Convention on Human Rights 23. For the 45 member States of the Council of Europe having signed and ratified the European Convention on Human Rights and its First Additional Protocol,20 this implies the full 17 United Nations, 1966 International Covenant on Civil and Political Rights. United Nations, General Comment No. 25 of 1996, in particular para. 20. 19 Amongst the non-binding international texts the Universal Declaration of Human Rights of the United Nations can also be quoted. It proclaims in its Article 21.3 that “the will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948. 20 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, North Macedonia, Norway, 18