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