Principle 3: Effective Investigation integrity, objectivity, impartiality, competence, fairness, accountability, and transparency.364 Regardless of where the code originates, relevant authorities should ensure that the code of conduct is consistent with and complementary to any behavioral requirements in the constitution or other applicable laws.365 It is considered good practice to require the staff of electoral management bodies to sign a document indicating their acceptance of the code of conduct as a condition of their employment.366 The same standard should extend to investigators as well. In Afghanistan, for example, ECC commissioners and staff members were required to sign a code of conduct that was developed and adopted pursuant to Article 2 of the Electoral Complaints Commission’s Rules of Procedure.367 By affirming their commitment to high professional standards, investigators send a strong signal that they “will perform well, be open and approachable, and not tolerate the abuse of power, corruption, neglect of duty… or any misconduct” and that they will not cover any acts of wrongdoing.368 In the event that wrongdoing does occur, the breach of the code of conduct should constitute a punishable offense, pursuant to the country’s laws.369 In Australia, public employees who violate the code of conduct may face an official reprimand, a reduction in salary, a re-assignment of duties, or a termination of employment.370 By backing up a code of conduct with an enforcement mechanism, states can strengthen the role that the code plays in promoting accountability among investigators. Disciplinary Measures States should institute systems for disciplinary actions in cases of investigator misconduct and malpractice, which serve to both uphold the institutional credibility of investigative bodies and to protect the rights of investigators under review. The liability framework should include mechanisms to address misconduct and protections to guarantee action only for violations established in elec- 364 Handbook on the ECP Election Complaints Process, supra note 22, at 11. 365 Alan Wall et al., Int’l Inst. for Democracy & Electoral Assistance, Electoral Management Design: The International IDEA Handbook 73 (2006). 366 Orozco-Henríquez et al., supra note 101, at 12. 367 GUARDE, supra note 1, at 49. 368 OSCE Guidebook for Democratic Policing, supra note 336, ¶ 159. 369 Orozco-Henríquez et al., supra note 101, at 32. 370 Public Service Act 1999 (Cth) § 15, ¶ 1 (Austl.). 109

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