Introduction
the effect on the results, and the likely remedy (criminal or administrative) prior to beginning an investigation would guide investigators
in determining the type of investigation, appropriate standard of evidence, burden of proof, timeline for investigation, and applicable due
process rights.
Based on the patterns that
emerged during desk research,
expert discussions, and survey response analysis, the IFES team refined the initial publication outline
to reflect the United Nations Human
Rights Committee’s General Comment 31 on the International Covenant on Civil and Political Rights
Administrative mechanisms are
particularly required to give effect to
the general obligation to investigate
allegations of violations promptly,
thoroughly and effectively through
independent and impartial bodies.
ICCPR General Comment 31
(ICCPR). General Comment 31 specifically references administrative violations but also provides a framework
for considering investigations into all types of allegations. The general principles identified in General Comment 31 should apply regardless of the body
responsible for investigating the complaint, which may vary depending on
the violation type.
The principle of prompt investigation outlined in General Comment 31 is
particularly important in election contexts, whose processes and results are
time-bound. Furthermore, the evidence obtained during election investigations could be time-sensitive or subject to destruction after an election in
accordance with statutory guidelines, and the impunity for electoral offenses
could linger from one electoral cycle to the next and harm the democratic
process—if not dealt with in a timely manner. The principle of thorough
investigation is important for ensuring that any action taken in response to
a dispute or allegation is based on merits substantiated by sound evidence.
The principle of effective investigation ties directly to the fact that individuals
must have access to effective remedies to vindicate their political rights. The
right to an effective remedy can be undermined if the investigation process
into an alleged violation is not effective. Finally, the principle that stipulates
that investigations must be undertaken by independent and impartial bodies
is fundamental for the legitimacy of the investigation process and outcome
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