Election Investigations Guidebook
assessing the performance of investigators both during and after operations into
their supervision structure.357 In this manner, supervisors can check compliance
with rules and regulations, codes of conduct, internal policies, and investigation standards through regular inspection and reporting.358 Such a supervisory
reporting system can provide timely information for the investigative body to
addresses issues of concern and to identify trends in complaints and gaps in
resources. Furthermore, investigative bodies can conduct a review of the entire
investigation process following the resolution of the electoral process. Using the
standard encompassed in the American Bar Association’s Standards for Prosecutorial Investigation, an investigative body could, to the extent to which this
is possible, “analyze investigations retrospectively” and “evaluate techniques
and steps that worked well or that proved to be deficient.”359
Codes of Conduct
Many countries employ codes of conduct to stipulate how election officials
should carry out their duties. Election experts have recognized that electoral
codes of conduct “can contribute to fairness and to the appearance of fairness
in the administration of an election.”360 By reinforcing the legal framework
and promoting the rule of law, they can heighten the credibility, transparency,
and accountability of the electoral process and facilitate the emergence of a
democratic political culture.361
Codes of conduct should address several basic issues, including the avoidance
of conflicts of interest, the commitment to maintaining the integrity of the
electoral process, the support for the principle of political non-partisanship, the
provision of quality service, and the adherence to regulations and managerial
directions.362 Impartiality and objectivity are also common principle-based
standards for codes of conduct for public servants.363 In Pakistan, the Election Commission instructs election investigators to abide by the principles of
357
Id. ¶ 120.
358
Id. ¶ 121.
359
ABA Standards for Prosecutorial Investigations, supra note 82, § 2.14(d).
360 Guy S. Goodwin-Gill, Inter-Parliamentary Union (IPU), Codes of Conduct for Elections: A Study Prepared for the
Inter-Parliamentary Union 3 (1998), http://www.ipu.org/PDF/publications/CODES_E.pdf.
361
Id.; see also Orozco-Henríquez et al., supra note 101, at 12.
362
See Orozco-Henríquez et al., supra note 101, at 12.
363 Stuart C. Gilman, Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical and Professional Public Service:
Comparative Successes and Lessons 13 (2005), http://www.oecd.org/mena/governance/35521418.pdf.
108