Principle 2: Thorough Investigation 8. Investigation Report 8.1. While an investigator may have a different technique of writing an investigation report, it is vital to include all the following aspects in the report: • Mention how the complaint was received, stating when the complaint was made, to whom, and the alleged violation of law; • Who investigated; • Issue or complaint to be proved and disproved; • Findings of the investigation; • How the findings are proving or disproving the complaint; and • Suggest what action should be taken or not. From Election Commission of Bhutan, Election Dispute Settlement Manual ¶ 7 (Mar. 9, 2013) Indonesia also provides investigators with a standardized form for submitting the final report.235 Based on the results of an investigation, investigators categorize a case in one of three ways: “not an electoral violation,” “an electoral violation” (a violation of the Code of Ethics, a violation of election administration, or an electoral crime), or “an electoral dispute.”236 Investigators then send the final report to the appropriate authorities based on the categorization of the case.237 In certain civil law countries, facts are often documented in an administrative record by a rapporteur or relevant agency and this record is submitted to the court. As the Philippines, Bhutan, Georgia, and Indonesia demonstrate, investigators have the primary responsibility to present their findings and recommendations to appropriate higher-level authorities. This mechanism ensures that a complaint is either promptly resolved through the closure of the investigation or that it proceeds to adjudication in a timely manner. However, as the Uniform Guidelines for Investigations dictate, investigators also have a duty 235 See Bawaslu Regulation No. 14/2012, supra note 173, art. 16(1). 236 Id. 237 See generally id. ch. IV (Follow-Up of Handling Suspected Violation). Violations of the Code of Ethics, for example, are sent to the Honorary Council of Election Management Bodies (DKPP), ¶ art. 17(1), while suspected electoral crimes are sent to the National Police Force, id. art. 19(1). 81

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