Election Investigations Guidebook
judgement [sic] formed without a factual basis” or otherwise “having made
promises that imply partiality in favour of or against an interested person
or party.494 In this spirit, the Convention Against Corruption obligates states
to adopt legislative and other measures in order to criminalize the following
intentional acts by a public official:
(a) The promise, offering or giving, to a public official, directly
or indirectly, of an undue advantage, for the official himself or
herself or another person or entity, in order that the official act or
refrain from acting in the exercise of his or her official duties; (b)
the solicitation or acceptance…directly or indirectly, of an undue
advantage, for the official himself or herself or another person or
entity, in order that the official act or refrain from acting in the
exercise of his or her official duties.495
Another type of conflict of interest involves “having accepted gifts, services
or invitations paid for by the interested persons or their representatives.”496
In Bhutan, for example, an Election Officer must not accept any gift from a
political party, organization, or person involved in the election process.497
An investigator’s acceptance of gratuities in exchange for any advantage or
favor prevents the investigation body from executing its mandate and should,
therefore, be considered an offense that requires disciplinary action.498
Finally, conflicts of interest often involve financial, business-related, or
profit-making components. The United Nations’ Staff Regulations and Rules
define a conflict of interest in these terms:
A staff member who has occasion to deal in his or her official capacity with any matter involving a profit-making business or other
concern, including a concern in which he or she holds a financial
interest, directly or indirectly, shall disclose that interest to the
Secretary-General and…either dispose of that financial interest or
494 Orozco-Henríquez et al., supra note 101, at 109 (discussing possible conflicts of interest that could constitute grounds
for the disqualification of a member of an electoral dispute resolution body).
495
Convention Against Corruption, supra note 491.
496
Orozco-Henríquez et al., supra note 101, at 109.
497
Election Comm’n of Bhutan, Code of Conduct for Election Officers ¶ 8 (Mar. 2013).
498
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 27.
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