Elections on Trial: The Effective Management of Election Disputes and Violations
in any particular case.140 In many countries where IFES works, access to legal documentation can be
extremely challenging. Legal amendments may not be consolidated into the law but spread across
numerous amendment acts, administrative rules or procedures may not be publicly available, and
publishing of case law may be delayed or inconsistent.141 This can present big challenges with respect to
both knowledge of the law, and consistent application of the law. This in turn ties back to the fair
administration of justice; that is, the application of procedure and law should be consistent across a
country and across different courts. This is another example of how the different elements of due
process and open justice are interlinked, and can be mutually reinforcing if legal proceedings for
electoral disputes are managed well.
In the case of Tunisia, due process is guaranteed to a significant degree through litigation proceedings
and case management, however interlocutors point to a lack of sufficient open justice protections.
Transparency is limited by the absence of systematically published decisions, a lack of information on
cases as they progress, and the absence of information which could facilitate public oversight of cases.
While a case is being tried, parties can only track its progress through consultations with their lawyers
and press conferences organized by the relevant courts. In comparison to 2011 elections, a fewer
number of inadmissible cases and an improvement in the quality of complaints drafting was observed in
2014. Even so, no complaints were brought against the electoral list, despite its faults,142 suggesting
individuals might have lacked sufficient information to bring complaints. While interlocutors suggest
that a lack of transparency is a contributing cause hindering individual’s ability to bring complaints, this
also has implications for the efficient administration of justice by ensuring a right to redress in practice.
While the Administrative Tribunal creates a report containing information on its electoral dispute cases
and cases linked to election operations, the report is only sent to the president of the republic, the
president of the Parliamentary Assembly and the head of the government. It is not made public.
In Mexico, there is an active conversation around transparency at the Tribunal, which has identified
open justice as a strategic priority. Several judges at the regional level and on the Superior Court are
pushing for increased transparency and accessibility, providing institutional momentum for continued
reform. The sophisticated case management platform used by the Tribunal provides a significant degree
of public access to case information, enabling interested parties and the general public to track cases as
they progress through the system. The information posted includes internal rulings, whether a case has
been admitted or dismissed, whether evidence has been admitted, as well as notifications when new
evidence or documents have been received, and any other relevant notifications. The case information
140
Ibid, 86.
For example, in The Gambia the Constitution is publicly available only in its 2002 edition, which incorporates the
2001 amendments, but not those dating from 2004, 2006, 2007, 2009 and 2015 (some of which directly impact
elections). The Local Government Act of 2002 is similarly difficult to access. It was amended in 2004, 2006 and
2007, but only the initial 2002 text is in wide circulation. The Gambia’s Gazette is published and sold in
photocopied paper format only, is not published with predictable periodicity, and editions are often sold out
before demand is met.
142
Narjess Tahar, Study of the Case Law on Electoral Disputes Relating to Presidential and Legislative Election
Results of 2014 9, 15 and 21 (2016).
141
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