Principle 3: Effective Investigation
monitoring of investigative processes” under the supervision of the Counsel
to the Elections Commissioner.340 As they are role models for investigators
and support staff, senior officials and supervisors should demonstrate compliance with applicable electoral laws and regulations, internal policies, codes
of conduct, and standards for investigation.341
Accountability
Accountability mechanisms that include internal and external checks on the
investigative process should be developed to help ensure that the investigative
body and its individual investigators carry out their duties appropriately, free
from conflicts of interest, in line with ethical and professional standards, and
that they are held responsible for failing to fulfill their mandates.
In support of this objective, states should establish and implement normative and procedural safeguards to promote accountability in the investigation
process, with the twin goals of preventing investigators from misusing their
powers and addressing such conduct when necessary.342 All activities should
be open to review by internal mechanisms and to monitoring by a variety of
external oversight institutions.343 Because investigators act on the basis of directives and guidelines, accountability includes responsibility for the direction
and control exercised before and during operations.344 As such, extending the
principles set out in the United Nations’ Handbook on Police Accountability,
effective accountability for electoral investigations could involve:
›
Direction Setting: Prior to operations, an investigative body and other relevant agencies set priorities and policies that accurately reflect
electoral laws and regulations, providing practical guidance for investigators on how to properly carry out investigations while remaining responsive to the concerns of citizens, political parties, and other
interested stakeholders. Direction setting also involves establishing
effective complaints procedures for misconduct or malpractice.
340
Canadian Investigators’ Manual Ch. 5, supra note 85, at 2.
341
See OSCE Guidebook for Democratic Policing, supra note 336, ¶ 118.
342 See generally, e.g., U.N. Office of Drugs & Crime, Handbook on Police Accountability, Oversight, and Integrity (2011),
http://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/PoliceAccountability_Oversight_and_Integrity_10-57991_Ebook.pdf [hereinafter U.N. Handbook on Police Accountability, Oversight, and Integrity].
343
Cf. OSCE Guidebook for Democratic Policing, supra note 336, ¶ 83.
344
U.N. Handbook on Police Accountability, Oversight, and Integrity, supra note 343, at 10–11.
105