Election Investigations Guidebook
within investigative bodies.528 Internal oversight mechanisms should be established in order for an investigative body to monitor personnel performance
and track operating budget expenditures, while external oversight institutions should review the performance of the body as a whole. The Australian
Electoral Commission provides for both internal and external reviews of its
decisions on complaints if the parties are not satisfied with its response or
decision.529 In addition, investigative bodies should establish measures to facilitate reporting of corrupt practices to appropriate authorities and to protect
staff members from retaliation in response to speaking out.530 As noted in the
Convention Against Corruption, such measures “provide protection against
any unjustified treatment” of an individual who “reports in good faith and
on reasonable grounds to the competent authorities.”531 Pakistan’s Election
Commission, for instance, stipulates: “Investigators who are under high pressure, intimidated or under threat by individuals involved in a complaint
shall disclose this information and refer the matter to their supervisor for
investigation and/or for final decision.”532
In general, ensuring adequate and appropriate accountability within the
investigative process can reduce opportunities for corruption. This can be
done by distributing the decision-making authority in order to create a check
on the discretion of investigators as well as to ensure oversight by conducting
internal and external performance reviews and by providing an opportunity
for an external review of decisions.
Functional and Non-Retaliatory Immunity
Election investigators have the right and duty to carry out investigations in
good faith and in accordance with applicable laws, established professional
duties, and recognized standards and ethics.533 States should demonstrate that
528
Cf. OSCE Guidebook for Democratic Policing, supra note 336, ¶ 31.
529
Australian Election Complaints Management Policy, supra note 8.
530
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 32.
531
Convention Against Corruption, supra note 491.
532
Handbook on the ECP Election Complaints Process, supra note 22, at 11.
533 U.N. Guidelines on the Role of Prosecutors, supra note 320, §§ 3–7 (prosecutors should be “able to perform their professional functions without unjustified exposure to civil, penal or other liability”); Basic Principles on the Role of Lawyers, supra
note 376, ¶ 16 (government should do everything to ensure that lawyers “do not suffer, or be threatened with, prosecution or
administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards
and ethics”).
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