Chapter 1: International Standards to erase all of the effects of the decision declared null and void. The Court also discussed the type of remedy that should be provided to the applicants in this case. Deliberate actions and omissions by the electoral authorities that prevent a parliamentary candidate from running for office cannot be remedied exclusively by an award of compensation.233 If the breach cannot be remedied prior to the election, a post-election avenue of redress should look at the consequences of this violation on the outcome of the elections and in the most serious cases this body could even annul the election result, wholly or in part.234 E. Sanctions and Penalties An effective remedy implicitly includes the existence of sanctions and penalties, such as the issuance of a warning to the offender (including political parties), imposition of a fine or criminal penalty, decertification of a candidate, disqualification of a political party, suspension of the right to campaign, invalidation of a ballot, or ordering a recount or a re-run election.235 Clearly defined violations and sanctions in the regulatory framework and the electoral law will prevent arbitrary imposition of penalties (or failure to impose such penalties). Similarly, sanctions and penalties should be established in a manner that will deter candidates and others from violating electoral law. The right of redress cannot be fully effective if the electorate and the candidates are not aware of existing sanctions for violations. When given discretion in applying sanctions, however, the judge or arbiter should ensure that the punishment is proportionate to the seriousness of the violation.236 The sentence will depend on the accused’s record, character, attitude, the public interest and the seriousness of the offense. For instance, a re-run election should not be ordered unless there has been a serious breach of elections standards. Indeed, once the wishes of the Id. ¶ 79. Id. ¶¶ 80, 81 (finding that, in the specific circumstances of the case, proceedings before Constitutional Court, which had concluded serious breach of applicant’s rights did not require annulment of election, did not provIde adequate redress to applicants). 235 Electoral Law, art. 54, § 1 (2004) (Afg.); Electoral Reform Law, §§ 22-25 (2004) (Liber.) (penalizing fraudulent registration and bribery), available at http://www.necliberia.org/content/ legaldocs/laws/elereformlaw.pdf; The New Elections Law, § 10.25, 10.26 (1986) (Liber.), available at http://www.necliberia.org/content/legaldocs/laws/1986electionlaws.pdf. 236 Kazakhstan Report, supra note 225, at 3. 233 234 75