Chapter 1: International Standards
country and may have prevented a constitutional crisis and political unrest;
however, since making this decision, the ECC has faced questions about
its credibility and legitimacy.
In short, as elections are time-sensitive political events that distribute
state power and give governments their legitimacy, timely resolution of
complaints is vital. This requirement is noted on a regular basis by international conventions, case law, NGO reports and scholars. However,
considering the stakes involved and as the cases discussed have shown,
adjudicatory bodies should make every effort to find the appropriate balance between the expeditious disposal of cases and the fairness of the
adjudication process.
5. Established Burdens of Proof and Standards
of Evidence
Another guiding principle in adjudicating election complaints is the establishment of a fair burden of proof and standards of evidence. These
guidelines must be established well in advance of a complaint so that the
parties involved will have notice and a reasonable understanding of what
will be required of each side in order to resolve the matter.172
However the state chooses to define its standard, this definition should
be known to both parties and the tribunal before hearings begin, and preferably before the elections are held. Once set, this standard must be
adhered to throughout the proceeding. To do otherwise — for example,
by applying ad hoc standards as the trial unfolds or holding different complainants in similar actions to different standards — would call into question the fairness and impartiality of the tribunal, and would cast doubts on
the legitimacy of the entire process (and possibly the election as a whole),
regardless of the outcome of the proceeding.
172
This is a truism in most legal systems, and as such is rarely addressed by commentators
and courts, even in dicta. For an example of a court discussing this issue in a non-election
law context, see Panovits v. Cyprus, Eur. Ct. H.R., App. No. 4268/04, Judgment of 11 Dec.
2008, ¶ 60.
59