Stages of the Investigation Process
Dismissal of Complaint / Summary Judgment
There are a number of legitimate reasons for an investigative or adjudicatory body to close a case, including: the complaint does not appear to have
sufficient impact on the exercise of election stakeholder rights or on electoral
processes and outcomes to warrant investigation (or granting of remedies);
the allegations do not fall within the investigative body’s jurisdiction; or the
statute of limitations has expired.39 In addition, investigators should be empowered to dismiss allegations that appear to be frivolous.
In Pakistan, a complaint may be dismissed if it is:
✓
Not submitted in time for the ECP to grant an effective remedy or
within the required deadline;
✓
Incomplete or does not meet the requirements for complaints (for
example, if the complaint is missing the complainant’s name and
contact information, a detailed description of the allegation, or any
evidence);
✓
Clearly unfounded;
✓
Outside the ECP’s jurisdiction; or
✓
Not an alleged violation of election laws, electoral rules, or the Code
of Conduct.40
In the Philippines, election contests can be dismissed if:
✓
The court has no jurisdiction over the subject matter;
✓
The petition is insufficient in form and content;
✓
The petition is filed beyond the period prescribed;
✓
The filing fee is not paid;41 and
✓
In case of protest, where a cash deposit is required, the cash deposit
is not paid within five days from the filing of the protest.42
It should be emphasized that, as discussed above, legitimate complaints that
are incomplete or do not meet other requirements should not necessarily be
dismissed on procedural grounds. Issues of due process should be balanced
in the decision to dismiss a case.
39
Canadian Investigators’ Manual Ch. 3, supra note 21, at 3–4.
40
Handbook on the ECP Election Complaints Process, supra note 22, at 10.
41
To note, U.N. treaty body jurisprudence finds charging fees for fundamental rights petitions contrary to articles 2.3 of
the ICCPR. See, e.g., Constituição Federal [C.F.] [Constitution] art. 5, sect. XXXIV (Braz.).
42
Philippines Rules of Procedure in Election Contest for the Courts, A.M. No. 10-4-1-SC, Rule 2, sect. 12 (2010).
33