Principle 2: Thorough Investigation
to corroborate information.123 A failure to do so can severely limit the effectiveness of the investigation. In El-Masri v. the Former Yugoslav Republic of
Macedonia, the European Court of Human Rights defines a thorough investigation as one that is based on substantiated evidence. Noting the necessity of a
“prompt and thorough” investigation of rights violations, the Court explained
that substantiated evidence “means that the authorities must always make
a serious attempt to find out what happened and should not rely on hasty or
ill-founded conclusions to close their investigation or to use as the basis of
their decisions.” Rather, “they must take all reasonable steps available to them
to secure the evidence concerning the incident.”124 According to the European
Union Election Observation Mission to Kosovo in 2014, on many occasions
investigators “adopted a formalistic approach and did not always proactively
search for evidence,” during the legislative elections. Consequently, many
complaints were rejected without the needed evidence.125
As a practical matter, the thorough investigation requirement means that
an investigator should not rely on hearsay (information or statements from
other people that cannot be otherwise substantiated or corroborated) and
should make every effort to confirm evidence firsthand. For example, in its
Complaints Regulations, the Liberia National Election Commission states
that a “challenge or a complaint shall not be based on hearsay and must be
made by an individual who has personal knowledge of or was a witness to
the matters that are the basis of the challenge or complaint.“126 In Moldova,
the EMB investigators are required to verify the form and content of a complaint and the law clearly states that the “evidences submitted must meet the
requirements of admissibility and relevance.”127
The European Court reaffirmed the importance of substantiated evidence in
several election-related cases. In Hajili v. Azerbaijan, the applicant—a candidate for the National Assembly—lodged a complaint with the Central Electoral
Commission (CEC) of Azerbaijan alleging that voting records from several
123
Uniform Guidelines 2009, supra note 25, ¶ 33.
124
Id.
125 EUEOM, Final Report, Kosovo 21 (2014), http://eeas.europa.eu/archives/eueom/missions/2014/kosovo/pdf/eu-eomkosovo-2014-final-report_en.pdf.
126
Election Comm’n of Liberia, Complaints Regulations, ¶ 3.1 (2005).
127 Law No. 1381-XII of 1997 (Electoral Code of the Republic of Moldova), Monitorul Oficial al R.Moldova No. 81/667 of July
12, 1997, ch. 3, 9 (Moldova).
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