Principle 4: independent and Impartial Investigators
Once defined in the laws, regulations, and/or codes of conduct, investigator
conflicts of interest must be disclosed. As the Uniform Guidelines for Investigations reflect, the management of conflicts of interest is a basic principle
for all investigations. An investigator has a duty to voluntarily “disclose to a
supervisor in a timely fashion any actual or potential conflicts of interest he
or she may have in an investigation in which he or she may be participating.”488 In so doing, investigators can “preserve and enhance public confidence
in their own integrity and that of their organization.”489 Furthermore, the
management of conflicts of interest can help guard against corruption. The
Convention Against Corruption provides that each state party should take
measures to “strengthen integrity and to prevent opportunity for corruption
among [its] members….”490 By addressing conflicts of interest, states can ensure that election investigators are “able to perform all of their professional
functions without…improper interference.” 491
There are two related reasons for managing conflicts of interest. First, by
curbing conflicts of interest, investigative authorities can prevent a situation
that could negatively impact investigation. An investigator preoccupied by
personal interests, for example, could fail to act competently or could neglect
to properly analyze the evidence, thereby compromising the investigation.
Second, the elimination of conflicts of interest aims to avoid a situation in
which an onlooker might suspect that the integrity of the investigation has
been compromised—that is, to avoid the appearance of impropriety.
A variety of situations can give rise to a conflict of interest.492 As the Pinochet
case in Chile demonstrates, family relationships and personal interests can be
key indicators of potential conflicts of interest.493 Other grounds for conflicts
of interest include “having prejudice or a strong bias, that is, a preconceived
488 Uniform Guidelines 2009, supra note 25, ¶ 4; accord Standards of Conduct for the International Civil Service, supra note
471, ¶ 22 (stating that civil servants “should also voluntarily disclose in advance possible conflicts of interest that arise in the
course of carrying out their duties”).
489
Standards of Conduct for the International Civil Service, supra note 471, ¶ 22.
490 U.N. Convention Against Corruption, art. 11(1–2), adopted Oct. 31, 2003, 2349 U.N.T.S. 41 (effective Dec. 14, 2005)
[hereinafter Convention Against Corruption].
491 U.N. Guidelines on the Role of Prosecutors, supra note 320, § 4 (the United Nations Guidelines on the Role of Prosecutors emphasize the importance of allowing prosecutors to “perform their professional functions without intimidation,
hindrance, harassment, or improper interference”).
492 See generally Managing Conflict of Interest in the Public Sector: A Toolkit, supra note 481, at 74–95 (providing 16
training case studies of different situations and the conflict of interest issues that could arise).
493
In re Pinochet [1999], UKHL 1, [1] (appeal taken from Eng.).
135