Principle 4: independent and Impartial Investigators Fairness Along with other aspirational values, such as transparency and accountability, fairness is often considered to be a fundamental principle of any investigatory process, including election investigations. For example, the United Nations General Assembly has emphasized the “principle of fairness on the part of those with responsibility for investigation functions.”436 The United Nations’ Basic Principles on the Independence of the Judiciary states: “The principle of independence of the judiciary entitles and requires the judiciary to ensure their judicial proceedings are conducted fairly.”437 As the Office of the High Commissioner for Human Rights explains, “judges have an obligation to decide the cases before them according to the law, protect individual rights and freedoms, and constantly respect the various procedural rights that exist under domestic and international law.”438 Likewise, the OSCE considers independence to be “a pre-condition” for the “fair” handling of election-related disputes.439 No international consensus, however, exists regarding a comprehensive definition of “fairness.” Fortunately, the Human Rights Committee’s General Comment No. 32 can offer some helpful guidance, according to which fairness “entails the absence of any direct or indirect influence, pressure or intimidation or intrusion from whatever side and for whatever motive.”440 Moreover, any “manifestations of hostility” or “expressions of racist attitudes” adversely affect fairness.441 The International Code of Conduct for Public Officials further emphasizes that public officials should “be attentive, fair and impartial in the performance in their functions…They shall at no time afford any undue preferential treatment to any group or individual or improperly discriminate against any group or individual, or otherwise abuse the power and authority vested in them.”442 Bhutan’s Election Dispute Settlement Manual appropriately reflects this principle when it instructs that “the investigator should not pass 436 G.A. Res. 59/287, ¶ 2, U.N. Doc. A/RES/59/287 (Apr. 12, 2005). 437 Basic Principles on the Independence of the Judiciary, supra note 112. 438 OHCHR Manual, supra note 374, at 134 (commenting on Art. 6 of the Basic Principles on the Independence of the Judiciary). 439 Petit, supra note 104, at 10. 440 General Comment No. 32, supra note 374, ¶ 25. 441 Id. ¶ 25. 442 International Code of Conduct for Public Officials, G.A. Res. 51/59, Annex ¶ I(3), U.N. Doc. A/RES/51/59 (Dec. 12, 1996) [hereinafter International Code of Conduct for Public Officials]. 125