126. There can also be civil liability for damages. This might stem, for example,
from an inappropriate legal decision, a mistake by the EMB or a judicial error
on the part of the EDRB, or an inadequate EJS design. An example occurred
in 2008, when the Inter-American Court of Human Rights ordered Mexico to
pay compensation (litigation costs) to a citizen who had brought a complaint.
The complaint concerned Mexico’s failure to provide in its domestic law by
2006 for an effective remedy before a court to challenge the constitutionality
of an electoral statute which in the opinion of the complainant violated his
electoral rights. The same Court, however, also decided that there had not
been any violation of the citizen’s electoral rights. By the time the Court
decided the case, the Mexican Constitution had already been amended to
provide for such a challenge (Castañeda Gutman vs Mexico, ruled on by the
Inter-American Court of Human Rights on 6 August 2008).
Box 4.4. Learning from experience: evolution of the EDR system in
Bhutan
Deki Pema
Lessons learned in Bhutan
A self-assessment of the first ever parliamentary elections, held in 2008, was
undertaken using the comprehensive Learning from Experience Programme. In
terms of election disputes, the following lessons were learned:
1. All sorts of complaints were generally lodged with the Commission during
the elections. The lesson learnt was the need for coming up with rules or
procedures specifying clearly how, on what grounds and to whom complaints
should be lodged.
2. The electronic voting machines, which were used in all the polling stations,
forestalled disputes relating to polling and counting.
3. An accurate voters’ list that contained photographs of voters alongside voter
photo identity cards proved useful in preventing complaints.
4. Public education and awareness-raising, using all means of communication,
must continue to receive priority and attention as they can both prevent and
resolve disputes, thereby ensuring confidence in the system (see box 3.1).
5. Elections must be credible and genuine both in practice and in perception. In
this regard, the role of the media cannot be overemphasized as it promotes
transparency in the system and ensures both that voters are informed and that
they are not misinformed.
6. Depending on the degree of severity of the violation, some cases may be better
resolved at the district level. This enhances the speed with which cases can be
resolved while allowing the central body to focus on the more serious cases.
51
4. EDR mechanisms
and possibly also his or her disqualification from holding any other public
office for a specified period of time.