Principle 2: Thorough Investigation
vestigation.243 As previously discussed, investigators have the responsibility to
record the preliminary assessment, to document any interviews they conduct,
and to detail their investigative findings in a final report. Any other stages
of the investigation should be similarly well-documented. For example, in
Liberia, the Hearing Procedure clearly states that “all proceedings before
the National Election Commission shall be documented.”244 The Clerk of the
Hearing Office/Magistrate is specifically designated as being responsible for
keeping records.
In Indonesia, the EMB regulations governing the investigation of certain
electoral violations mandate formal reporting requirements at every step
of the investigative process.245 To satisfy this requirement, the legislation
provides standardized forms for the submission of complaints, specifying
different forms for different categories of complaints,246 and requires that the
receiving officer logs all complaints in a registry book.247 After the complaint
is categorized, officials must then complete a specific accompanying form
every time that the complaint proceeds to a different level of investigation
and review.248 These legal requirements ensure a uniform paper trail that
chronicles each phase of the investigation, from the initial receipt of the
complaint to its resolution.
In Bhutan, the Election Dispute Settlement Rules and Regulations likewise
provide forms that facilitate the recording of every step in the dispute resolution process.249 The regulations first provide a form for the submission
of complaints.250 Prior to the initiation of an investigation, the Legal Unit of
the Central Election Dispute Settlement Body (CEDSB) uses another form to
maintain a case register.251 At the conclusion of the investigation, the investi243
See Id. ¶ 35(“Investigative Activity . . . should be documented in writing . . . .”).
244
Liberia, National Election Commission, Hearing Procedure ¶ 7.3.
245
See Bawaslu Regulation No. 14/2012, supra note 173, art. 15(1).
246 Compare id. art. 4 (specifying the types of forms to be used when the Election Supervisor submits a complaint of a
suspected violation) with id. art. 9 (specifying the types of forms to be used for all other complaints, including those submitted
by election observers, participants, or any other Indonesian citizen).
247
Id. art. 9(6).
248
See generally id. ch. IV (Follow-Up of Handling Suspected Violation).
249
See generally Bhutan Election Dispute Settlement Rules and Regulations, supra note 28.
250
1.”).
Id. ¶ 9.3.5 (“An election complaint must . . . be in writing and cover all points as in Election Dispute Settlement Form No.
251
Id. ¶ 10.5 (“The Legal Unit shall . . . maintain a Case Register, as in the Election Dispute Settlement Form No. 3.”).
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