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”). 139

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