Election Investigations Guidebook
clusion of…investigations.”90
The United Nations Committee on Economic, Social and Cultural Rights
emphasizes that effective remedies do not necessarily have to be judicial.
More timely administrative remedies may be appropriate:
The right to an effective remedy need not be interpreted as always
requiring a judicial remedy. Administrative remedies will, in many
cases, be adequate and those living within the jurisdiction of a State
party have a legitimate expectation, based on the principle of good
faith, that all administrative authorities will take account of the
requirements of the Covenant in their decision-making. Any such
administrative remedies should be accessible, affordable, timely
[emphasis added] and effective.91
The timeliness of an investigation is a critical factor in providing an effective
remedy in electoral processes.92 In this context, “accountability requires that
time be of the essence.”93 As such, international and regional organizations
stress the importance of timely resolution of election disputes. The African
Union Declaration on the Principles Governing Democratic Elections in Africa,
for instance, emphasizes that parties “shall have the right…to obtain timely
hearing against all proven electoral malpractices to the competent judicial authorities in accordance with the electoral laws of the country.”94 Furthermore,
the African Charter on Democracy, Elections and Governance directs states to
establish and strengthen national mechanisms that redress election-related
disputes in a timely manner.95
As the Venice Commission of the Council of Europe stresses, electoral pro-
90
ABA Standards for Prosecutorial Investigations, supra note 82, § 2.14(a).
91
H.R.C. General Comment No. 9, ¶ 9, U.N. Doc. E/C.12/1998/24 (Mar. 12, 1998), https://www.escr-net.org/resources/
general-comment-9.
92
See generally Patrick Merloe, Human Rights – The Basis for Inclusiveness, Transparency, Accountability, and Public Confidence
in Elections, in International Election Principles: Democracy & the Rule of Law 3–41 (John Hardin Young ed., 12th ed. 2009).
93
Id. at 27.
94
African Union Declaration on the Principles Governing Democratic Elections in Africa, AHG/Decl.1 (XXXVIII), ch. IV, § 6
(2002).
95
African Charter on Democracy, Elections and Governance, ch. VII, art. 7.3, adopted Jan. 30, 2007 (effective Feb. 15,
2012), http://www.ipu.org/idd-E/afr_charter.pdf.
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