Principle 4: independent and Impartial Investigators
ments, and potential conflicts of interest.510 All investigative bodies should
have similarly transparent mechanisms for recruiting investigators and
support staff. This principle is particularly important for temporary dispute
resolution or investigative bodies that are solely established for the purpose
of adjudicating election petitions.
Executive offices often control, to varying degrees, the appointment of senior leadership members in investigative bodies who exercise oversight and
can play a role in the recruitment and appointment of investigators. However,
to build public confidence and strengthen the independence of an election
investigation institution, it is critical to employ transparent procedures and
external checks on political appointments.
The recruitment process for investigators should also be independent from
political considerations and subject to external oversight, to the extent that this
serves to assist in the hiring of competent, independent staff and to protect
against irregularities.511 This oversight from governing authorities, however,
should only extend to a review of the selection process, while the appointments and promotions of non-senior officials should be regarded as an internal institutional matter. In Canada, for example, the government appoints the
Elections Canada Commissioner but the Special Investigators, who actually
conduct election investigations, are hired under a contractual agreement.512
Since they are not employed in public service, they are not subject to public
administration laws; instead, electoral laws and regulations regulate their
conduct. The selection process for Special Investigators involves consultation
with senior managers in Canadian law enforcement and security agencies.513
Promotions within an investigative body should solely be based on “objective factors, in particular professional qualifications, ability, integrity and
experience, and decided upon in accordance with fair and impartial procedures.”514 Improper factors to consider when hiring and promoting include
510
Canadian Investigators’ Manual Ch. 2, supra note 322, at 2.
511
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 116.
512
Canadian Investigators’ Manual Ch. 2, supra note 322, at 1.
513
Id. at 2.
514 U.N. Guidelines on the Role of Prosecutors, supra note 320, §§ 3–7. (“In order to ensure that prosecutors are able to
carry out their professional responsibilities independently and in accordance with these standards, prosecutors should be
protected against arbitrary action by governments.”); see also Basic Principles on the Independence of the Judiciary, supra note
112 (“promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity
and experience”).
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