Election Investigations Guidebook
Determining Substance and Urgency
Triage
The process of prioritizing cases by level of urgency, known as triage, is an
integral, yet complicated, component of timely electoral case management—
particularly when there are a large number of complaints to deal with in a
compressed timeframe and fundamental human rights are at stake. By
assigning a level of urgency to each
complaint, investigators can determine the order in which complaints
should be handled. Like the medical
triage system, which facilitates the allocation of services to where they are
needed most, the triage approach in
the electoral context aims for the most
Investigators must bear in mind that
individual cases may not immediately
appear to have an impact on the results
of an election but that an accumulation
of similar claims might. For example,
one claim of voter intimidation may not
impact the outcome of an election but
thousands of similar claims might.
efficient and effective use of an investigative body’s resources in the reduced timeframe available for the resolution
of election disputes. The seriousness of an alleged violation, especially in terms
of determinative effect on the results of an election, should be considered when
deciding whether to pursue investigation.54
The Uniform Guidelines for Investigation support the prioritization of claims
in an investigation by noting that preliminary assessments should “take into
account the gravity of the allegation and the possible outcome(s).”55 In addition,
in Namat Aliyev v. Azerbaijan, the European Court of Human Rights found that
“[i]t is first necessary to separately assess the seriousness and magnitude of
the alleged election irregularity prior to determining its effect on the overall
outcome of the election.”56
Particularly in places where there are heavy complaint workloads and potential backlogs in the EDR system, there could be circumstances in which a
complaint should be given priority because it may have a determinative impact
on the election outcome, unlike smaller-scale claims that may not ultimately
54
Jacques C. Morin, Le Droit de la Preuve et la Pétition en Contestation D’élection, 20 Les Cahiers de Droit 153, 153–154 (1979).
55
Uniform Guidelines 2009, supra note 25, ¶ 32.
56
Namat Aliyev v. Azerbaijan, App. No. 18705/06, 1 Eur. Ct. H.R. 74 (2010), http://hudoc.echr.coe.int/sites/eng/pages/
search.aspx?i=001-98187.
40