Election Investigations Guidebook
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Supervision: During investigation, an investigative body supervises
the daily operations of investigators. External institutions monitor
the investigative process—for example, ombudsmen or inspectors
general.
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Evaluation: After the conclusion of operations, internal units and
external institutions review an investigative body’s investigation,
management, and administration to provide feedback and reflect
on lessons learned. Review ensures a mechanism for remedying
and punishing misconduct or malpractice.345
The following sections discuss both internal and external accountability
mechanisms in more detail.
a.
Internal Mechanisms for Accountability
Investigative bodies are in the best position to assess allegations of misconduct
and to develop rules that are appropriate to their context.346 Because accountability connotes the responsibility for giving directions and preparing investigators for their operations, it applies to the actions of individual staff, supervisors, and the investigative body as a whole.347 Therefore, investigative bodies
should develop clear systems of internal review and evaluation, together with
procedures for addressing misconduct that are appropriate to the institutional
structure and culture. To enable external review, investigative bodies should
publicly disseminate the relevant rules that regulate the institution’s scope of
work and investigator conduct. 348 For example, codes of conduct should be
made accessible to citizens, political parties, and other interested stakeholders.
Internal accountability mechanisms require an effective chain of command
within an investigative body and could include reporting systems and internal
disciplinary measures.349 Whatever mechanism is employed, the United Nations
emphasizes that the chain of referral “should be clear, with time limits and
explicit standards governing the categories of allegation that must be referred
345
Cf. id.
346
See U.N. Handbook on Practical Anti-Corruption Measures for Prosecutors and Investigators, supra note 80, at 41.
347
Cf. U.N. Handbook on Police Accountability, Oversight, and Integrity, supra note 343, at 11.
348
OSCE Guidebook for Democratic Policing, supra note 336, ¶ 11.
349
U.N. Handbook on Police Accountability, Oversight, and Integrity, supra note 343, at 11.
106