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. 50

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