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”). 142

Select target paragraph3