Principle 3: Effective Investigation
Competence
Investigative bodies should have the capacity and authority to prepare for,
conduct, and complete election investigations that comport with domestic
and international standards. Regardless of its structure, an investigative body
should be given the authority, resources, and capacity to manage investigations in compliance with a state’s legal framework and the body’s operational
policies and priorities, while working in the public interest and with the goal
of promoting the integrity of the electoral process.318
Lessons can be drawn from other professions to inform the competence
requirement for individual investigators. International guidelines for the
competent conduct of judges, prosecutors, and lawyers include the elements
of integrity and sufficient training as well as a recruitment process that is
based on predetermined qualifications.319 Similarly, the American Bar Association’s Model Rules of Professional Conduct define competence as the
“knowledge, skill, thoroughness and preparation reasonably necessary for…
representation.”320 Reflecting these legal principles, the sufficient competence
of an election investigator could be understood as the integrity, ability, knowledge, skill, qualification, and preparation that are reasonably necessary for
a thorough and effective investigation.
The duties and responsibilities outlined in applicable electoral or administrative rules should provide the basis for an investigator’s powers.321 An
318 See, e.g., Canadian Investigators’ Manual Ch. 5, supra note 85, at 1 (“Conduct, management, and control of investigations
must be in compliance with operational policies, goals and priorities, keeping in mind the duty to act fairly, the public interest
and the promotion of the integrity of the electoral process.”).
319 U.N. Office of the High Comm’r for Human Rights, Guidelines on the Role of Prosecutors § 1, adopted (1990), http://www.
ohchr.org/EN/ProfessionalInterest/Pages/RoleOfProsecutors.aspx [hereinafter U.N. Guidelines on the Role of Prosecutors]
(“persons selected as prosecutors shall be individuals of integrity and ability, with appropriate training and qualifications”);
accord Basic Principles on the Independence of the Judiciary, supra note 112 (“persons selected for judicial office shall be
individuals of integrity and ability with appropriate training or qualifications in law”); Int’l Ass’n of Prosecutors, Standards of
Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors § 1, (1999), http://www.iap-association.org/getattachment/34e49dfe-d5db-4598-91da-16183bb12418/Standards_English.aspx [hereinafter Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors] (“Prosecutors shall: at all times maintain
the honour and dignity of their profession; always conduct themselves professionally, in accordance with the law and the rules
and ethics of their profession; at all times exercise the highest standards of integrity and care; keep themselves well-informed
and abreast of relevant legal developments; strive to be, and to be seen to be, consistent, independent and impartial; always
protect an accused person’s right to a fair trial, and in particular ensure that evidence favourable to the accused is disclosed
in accordance with the law or the requirements of a fair trial; always serve and protect the public interest; respect, protect and
uphold the universal concept of human dignity and human rights.”).
320
American Bar Ass’n, Model Rules of Professional Conduct, Rule 1.1 (1983).
321 Comm’r of Canada Elections, Ch. 2 Qualification, Duties, and Responsibilities of Investigators, in Investigators’ Manual 1–39
(2004) [hereinafter Canadian Investigators’ Manual Ch. 2].
99