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. 35

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