Election Investigations Guidebook Effective investigation is an essential component of electoral adjudication and dispute resolution. As discussed throughout this volume, in Namat Aliyev v. Azerbaijan, a candidate for the Azerbaijani parliamentary elections complained of electoral law violations and claimed that the elections were not effectively examined by authorities. The European Court of Human Rights found that the European Convention on the Protection of Human Rights and Fundamental Freedoms comprises procedural obligations to effectively protect the right to “free elections,” namely: [T]he existence of a domestic system for effective examination of individual complaints and appeals in matters concerning electoral rights is one of the essential guarantees of free and fair elections. Such a system ensures an effective exercise of individual rights to vote and to stand for election, maintains general confidence in the State’s administration of the electoral process and constitutes an important device at the State’s disposal in achieving the fulfilment of its positive duty under Article 3 of Protocol No. 1 to hold democratic elections. Indeed, the State’s solemn undertaking under Article 3 of Protocol No. 1 and the individual rights guaranteed by that provision would be illusory if, throughout the electoral process, specific instances indicative of failure to ensure democratic elections are not open to challenge by individuals before a competent domestic body capable of effectively dealing with the matter.290 Investigation Mandate Defined Mandate for Investigation A defined regime for investigation is necessary to avoid delays, prevent “forum shopping,”291 and promote efficiency by reducing caseloads at each level. States should, therefore, institute clear rules regarding the specific subject-matter 290 Namat Aliyev v. Azerbaijan, App. No. 18705/06, 2010 Eur. Ct. H.R. ¶ 81 (2010), http://hudoc.echr.coe.int/sites/eng/pages/ ‌search.‌aspx?i=001-98187 (finding a violation of Article 3 when the domestic courts failed to adequately protect the applicant-candidate’s right to run for legislative office and appeal irregularities in the results and conduct of the election); see also Communist Party of Russia v. Russia, App. No. 29400/05 Eur. Ct. H.R ¶ 124 (2012) (reinforcing the Aliyev judgment with reference to the Venice Commission Code of Good Practice in Electoral Matters). 291 See GUARDE, supra note 1, at 24 (forum shopping occurs when more than one institution is an appropriate forum for investigating a claim or complaint and claimants bring the same complaint before several forums to try to obtain the most favorable ruling). 92