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.).
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