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.

Select target paragraph3