In addition to the code of conduct laid out in the OSCE/ODIHR’s Election Observation Handbook13, the observers monitoring election disputes must abide by the following rules. 1. Code of Conduct for Complaint Information Gathering • When speaking with a complainant, be sure to inform them that the election observation mission has no authority to intervene or to resolve a complaint or dispute. However, monitoring and tracking election-related complaints is part of the observation task and this can increase the awareness of the authorities. • Confidentiality and the protection of those who file complaints is a top priority. • Be as objective as possible. Contact and speak with all sides involved (i.e. complainant, defendant and the adjudicative authority). • Meetings on complaints should be conducted with two observers whenever possible. • For complaints which have been filed with an institution, a copy of the documentation should be obtained whenever possible. • If an election commission or court session is holding a hearing on an election dispute, try to attend but ask for permission even if the hearing is public. The person to address with a request to attend is usually the presiding judge or chairperson. Do NOT approach the parties at the hearing and remember that you are a neutral observer. 2. Gathering Complete Information The types of questions to ask and the detailed information to be gathered can be summarized as follows: • Who: Obtain all names, affiliations and functions of the persons involved and contact details where possible. Who is complaining? (for example: voters, candidate, party representative). Who is committing the alleged violation? (for example: another party, local or other authorities, mass media). • What happened: Take detailed notes and track the exact timing of the story. Ask for as many specifics as possible (i.e. names, exact place, date, witnesses, etc.). Determine and obtain when possible any tangible evidence such as copies of written documents, videotapes, newspaper articles, etc. • Where: Where was the complaint filed? Court or Election Commission? (or is there another source?). Specify the source from which a complaint is heard of. When a complaint has been brought to a court or an election commission ask for a case number assigned by the court or commission dealing with the dispute. Although it is the documented cases which are of interest in election disputes monitoring, general information on complaints is of interest for two reasons. First, it helps to give an 13 The ODIHR Election Observation Handbook – Fourth edition, April 1999, Warsaw. 23