Principle 4: independent and Impartial Investigators
The former Commissioner of Canada Elections highlights the importance of
this practice in the preface to the Special Investigators’ Manual. Describing
the objective of the manual, he writes:
This manual also discloses to the public how electoral investigations
are carried out. It is important that the role of the Commissioner
of Canada Elections and that of Special Investigators be clear and
bear the scrutiny of all those interested in electoral matters. This
openness and transparency should help to maintain and promote
the confidence and trust of all Canadians in the integrity of the
electoral process.
Through openness and transparency in their work, investigative bodies can
enhance their credibility, demonstrate their impartiality, and entrench their
institutional independence.
Objectivity of the Investigator
The United Nations General Assembly’s Basic Principles on the Independence
of the Judiciary stress that impartial decision-makers should act “without any
restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.”468 The Human
Rights Committee has echoed this standard, emphasizing that the notion of
impartiality “implies that judges must not harbour preconceptions about the
matter put before them, and that they must not act in ways that promote the
interests of one of the parties.”469
The standards that apply to the judiciary can be extrapolated to investigators, who have a similar duty to protect the integrity of the investigation and
dispute resolution process. To act objectively, “without bias or prejudice,”
investigators must not allow their personal opinions and, in particular, their
political views to impact their actions in investigation proceedings.470 Like civil
468 Basic Principles on the Independence of the Judiciary, supra note 112; accord Inter-American Comm’n on Human Rights, Annual Report of the Inter-American Commission on Human Rights 1996, O.A.S. Doc. OEA/Ser.L/V/II.95, Doc. 7 rev. at 761 (Mar. 14,
1997) (recommending to OAS Member States that “judges must be free to decide matters before them without any influence,
inducements, pressures, threats or interferences, direct or indirect, for any reason or from any quarter”).
469
H.R.C. Communication No. 387/1989, Karttunen v. Finland, ¶ 7.2, U.N. Doc. CCPR/C/46/D/387/1989 (Nov. 5, 1992).
470 Objective, Black’s Law Dictionary (9th ed. 2009); cf. Int’l Civil Serv. Comm’n (ICSC), Standards of Conduct for the International Civil Service ¶ 9 (2001), http://www.un.org/en/ethics/pdf/StandConIntCivSE.pdf [hereinafter Standards of Conduct
for the International Civil Service], (“Impartiality implies tolerance and restraint, particularly in dealing with political . . .
convictions.”).
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