Principle 2: Thorough Investigation
dismiss or pursue a complaint.
In the election investigation context, adopting too strict a standard for triggering investigations could thwart meritorious claims from being properly
examined. On the other hand, adopting too lenient a standard could flood
investigators with warrantless claims. Given the need to strike a balance between these two extremes, investigators should rely on an adequate standard
to determine whether a complaint has been sufficiently substantiated before
proceeding with an investigation.
Search and Seizure
Investigative bodies have the responsibility to “establish standing orders emphasizing legal safeguards for investigations.”161 An important aspect of these
safeguards is the protection of the privacy and property rights of those being
investigated. Therefore, the legal framework should clarify any applicable
search and seizure rules when investigating the role that individuals may
have played in the crime or administrative issue in question. In administrative
cases, where the state holds the evidence in question, the administrative body
must fully cooperate with the adjudicator in producing and securing evidence.
The term “search and seizure” refers to the procedure by which law enforcement officers or other authorities (here, election investigators) examine
the property or possessions believed to suggest the commission of a crime or
electoral misconduct and then take these articles as evidence. Each country
affords police and other law enforcement officials with varying degrees
of discretion in carrying out search and seizure activities, although many
countries require some type of court-authorized warrant. In civil law (or
inquisitional) countries, a judge may play a larger role in leading an investigation and procuring evidence, depending on the type of complaint and
the election dispute resolution mechanism in place. EMBs have access to
election materials, which generally constitute the majority of relevant evidence. However, if any party to the case, including the EMB, believes that
important evidence is in the possession of others, they can request that a
judge investigates and orders another party (including third parties) to
produce this evidence. It is ultimately up to the judge to determine whether
the evidence is relevant and admissible.
161
Human Rights Standards and Practice for the Police, supra note 111.
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