Election Investigations Guidebook Institutional cooperation, rather than referral, can also ensure timely adjudication of complaints, especially for challenges to election results when timely resolution is of particular importance. Prior to an election, EDR bodies should adopt a Memorandum of Understanding with relevant institutions, such as law enforcement and EMB, in order to establish focal points, to share evidence, and to ensure fast cooperation in cases in which joint investigations would result in more timely and effective results on the basis of which body has original jurisdiction, access to evidence, and access to resources needed to conduct a proper investigation. It is important that the scope of an investigation, as well as roles and responsibilities of each institution, be clearly defined prior to joint case investigation. For instance, the Elections Canada Commissioner may request that the Royal Canadian Mounted Police (RCMP) participates in investigations led by special investigators.313 The Commissioner is also permitted to refer certain complaints to the RCMP, if their investigation requires police expertise and powers of a “peace officer.”314 The Commissioner’s decision concerning a joint investigation must be supported by the preliminary assessment findings, the nature of allegations, and by any reports issued during the course of investigation.315 Through its Constitution and Election Law, Pakistan extends the principle of cooperation by permitting investigators to engage with institutions like the State Bank of Pakistan, National Accountability Bureau (NAB), Federal Bureau of Review (FBR), Ministry of Finance, National Database and Registration Authority (NADRA), as well as the Supreme Court or district and session courts.316 Election investigators can also request information from civil society organizations and observation groups or use their public reports as part of their investigations.317 313 Canadian Investigators’ Manual Ch. 5, supra note 85, at 1. 314 Id. at 1–2 (unlike Special Investigators, peace officers have the right and duty to initiate an investigation when reasonable grounds exist to believe that an offense was committed); see also Criminal Code of Canada, R.S.C. 1985, c. C-46, § 2 (peace officer refers to, inter alia: “(a) a mayor, warden, sheriff, deputy sheriff, and justice of the peace; (b) a member of Correctional Service of Canada, who is designated as a peace officer . . . ; (c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process . . . .). 315 Id. at 2. 316 Handbook on the ECP Election Complaints Process, supra note 22, at 13. 317 Id. 98

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