Stages of the Investigation Process
Investigations (OAI) preliminary assessment indicates that wrongdoing
has not occurred, then the lead investigator prepares a closure note
to propose closing the case. Based
on this note, the Deputy Director
of Investigations may decide to
close the case and inform the complainant accordingly.47
In Bhutan, the Commission or
Chief Election Coordinator is required to provide a reason for dismissing a complaint within two
days of the office’s finding.48 It is
To promote public confidence in an
effective investigative process, states
should provide for measures that
adequately respond to bad faith,
malicious, or negligent complaints while
preserving the right to an effective
remedy in electoral justice. Because
of the nature of elections, politically
motivated complaints present the risk of
delaying investigation and adjudication
and, possibly, the certification of election
results, which could ultimately affect the
legitimacy of an election.
important to note that, for summary dismissal decisions, there is often
less formality than for the dismissal of a case once it has been fully investigated and heard. With respect to summary dismissal, some EDR bodies may,
instead, not register the complaint. For instance, in the case of an incomplete
complaint, a clerk of the Constitutional Court of Indonesia issues a deed
stating that the complaint has not been registered in the Constitutional Case
Register, although the complainant is notified. Whether or not a complaint
is registered (which is a best practice), the reason for its dismissal should be
provided and documented.
Formal or Full Fact-Finding or Investigation Process
Once a decision (based on predetermined rules and procedures) is made to
move forward with a full fact-finding/investigation process, then investigators should develop an investigation plan (discussed later in this guide). Any
decision resulting from the preliminary assessment should merely justify
further investigation and not serve as evidence for a final decision on the
complaint. Before a complaint is in any way acted upon, allegations must be
corroborated by evidence that meets pre-existing evidentiary standards. The
47
UNDP Investigation Guidelines 2012, supra note 6, ¶ 6 (UNDP OAI does not provide closure notes to subjects, investigation participants, or any individuals named in the complaint).
48
Bhutan Election Dispute Settlement Rules and Regulations, supra note 28, ¶ 10.2.
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