Election Investigations Guidebook of institutional objectivity is the appearance of independence.453 As the Court further explained, “‘justice must not only be done, it must also be seen to be done. What is at stake is the confi- Justice must not only be done, it must also be seen to be done. European Court of Human Rights Volkov v. Ukraine dence which the courts in a democratic society must inspire in the public.”454 International Institute for Democracy and Electoral Assistance (IDEA)’s Code of Conduct for the Ethical and Professional Administration of Elections reflects a sim- ilar sentiment: “The public will measure the legitimacy of an election on the basis of both the actual integrity of its administration, and the appearance of integrity of the election process.”455 Transparency is one way to strengthen the perception of an investigative body’s independence and to promote public trust in the legitimacy of the investigative process. The international community has repeatedly recognized, as the United Nations General Assembly has affirmed, that “transparency is a fundamental basis for free and fair elections.”456 The Venice Commission’s Code of Good Practice in Electoral Matters similarly attests that the proper administration of the electoral process depends not only on impartiality and independence from political manipulation but also on the related principle of transparency.457 Likewise, as the Inter-Parliamentary Council’s Declaration on Criteria for Free and Fair Elections emphasizes, “[s]tates should take all necessary and appropriate measures to ensure the transparency of the entire electoral process.”458 Simply put, the commitment to transparency must extend to investigations, an essential element of the electoral process. An independent investigation of alleged electoral irregularities, however, 453 Volkov v. Ukraine, App. No. 21722/11 Eur. Ct. H.R. ¶ 103 (2013); accord, e.g., Incal v. Turkey, 4 Eur. Ct. H.R. 1571 (1998) (same). 454 Volkov, App. No. 21722/11 Eur. Ct. H.R. ¶ 106. 455 Int’l Inst. for Democracy & Electoral Assistance, Code of Conduct for the Ethical and Professional Administration of Elections 8 (1996). 456 G.A. Res. 66/163, ¶ 16 (pmbl.), U.N. Doc A/RES/66/163 (Apr. 10, 2012). 457 See Venice Commission, Code of Good Practice in Electoral Matters: Guidelines and Explanatory Report, ¶ 68, 52nd Sess., Op. No. 190/2002 (May 23, 2003). 458 Inter-Parliamentary Council, Declaration on Criteria for Free and Fair Elections art. 4, ¶ 7 (Mar. 26, 1994), http://www. ipu.org/cnl-e/154-free.htm. 128