Principle 3: Effective Investigation
build public confidence and participation in the dispute resolution process.332
Potential complainants are more likely to come forward with legitimate claims
if they believe that investigators are capable of detecting violations, of gathering
evidence against offenders, and of ultimately resolving the claim.
In the context of prosecutor guidelines, the United Nations urges states to
provide “appropriate education and training,” particularly of “the ideals and
ethical duties of [the] office, of the constitutional and statutory protections for
the rights of the suspect and the victim, and of human rights and fundamental
freedoms recognized by national and international law.”333 Additionally, the
American Bar Association’s Standards for Prosecutorial Investigation urge state
prosecutor offices to provide training on investigative techniques and associated
ethical choices.334 Extending these principles to the election context, investigative bodies can implement initial and in-service training by concentrating on:
›
Technical knowledge and skills that relate to investigative techniques;
›
Investigation processes and triage procedures;
›
Uniform application of the applicable legal electoral framework;
›
Investigation ethics and electoral integrity, including applicable
codes of conduct;
›
Domestic and international human rights protection for interested
parties and witnesses;
›
Democratic values and internationally recognized principles on the
conduct of elections; and
›
Consequences for misconduct and malpractice.335
Regardless of whether an investigative body is permanent or temporary,
investigator training should begin well in advance of an election. Mexico’s
Electoral Judicial School (Escuela Judicial Electoral)—within the Electoral Tribunal of the Federal Judiciary—collaborates with the National Electoral Institute (INE) and the Special Prosecutor´s Office for Electoral Crimes (FEPADE) in
332 See, e.g., U.N. Office of Drugs & Crime, Anti-Corruption Toolkit: Chapter 5 (Enforcement) (2002), http://www.unodc.org/
pdf/crime/toolkit/f5.pdf.
333
U.N. Guidelines on the Role of Prosecutors, supra note 320, § 2 .
334
ABA Standards for Prosecutorial Investigations, supra note 82, § 2.15(c).
335 See IFES, Afghanistan Electoral Integrity Assessment Final Report 72–73 (May 2013) (unpublished report) (on file with
IFES); Org. for Sec. & Co-operation in Europe (OSCE), Guidebook for Democratic Policing ¶¶ 147, 149 (2d ed. 2008), http://
www.osce.org/spmu/23804 [hereinafter OSCE Guidebook for Democratic Policing].
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