Access to Justice and Electoral Integrity
V. Indication of sources
for this brief
1 The views expressed in this paper are those of the author, and do not necessarily
reflect those of the Kofi Annan Foundation. 2 See, for example, John Keane (2009)
The Life and Death of Democracy, London: Simon & Shuster. 3 The terms reparation
and remedies are used in this paper following the definitions provided in the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law. Remedies are understood following guideline VII(11), defined as “(a)
Equal and effective access to justice; (b) Adequate, effective and prompt reparation for
harm suffered; (c) Access to relevant information concerning violations and reparation
mechanisms”. Reparation is defined according to guideline IX(18-23), which include
restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
In this sense, remedies are understood as the means to protect and exercise rights
linked to political participation and representation, while reparation is the substantive
relief when those rights are violated. 4 Sarah Joseph and Melissa Castan (2013) The
International Covenant on Civil and Political Rights: Cases, Materials, and Commentary
– Third Edition, Oxford: Oxford University Press. 5 Global Commission on Elections,
Democracy and Security, Deepening Democracy: A Strategy for Improving the Integrity
of Elections Worldwide (2012), para. 93. 6 Ibid, p. 62. 7 See SG/Inf(2016)3rev, Challenges for judicial independence and impartiality in the member states of the Council of
Europe, by the Consultative Council of European Judges, 2010, and the Report on the
Independence of the Judicial System Part I: The Independence of Judges, adopted by
the Venice Commission at its 82nd Plenary Session (Venice, 12-13 March 2010) CDLAD(2010)004-e). 8 International IDEA, 2014. International Obligations for Elections, p.
49. 9 See the Rule of Law Checklist adopted by the Venice Commission at its 106th
Plenary Session, Venice 11-12 March, 2016. 10 Report of the Secretary-General: The
rule of law and transitional justice in conflict and post-conflict societies (2004), para. 6.
11 Global Commission on Elections, Democracy and Security, Deepening Democracy:
A Strategy for Improving the Integrity of Elections Worldwide (2012), para. 23. 12
Advocates for International Development, Post-2015 and the rule of law, p. 23, 2015.
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