the election commissions, courts and other institutions are separate questions which can only be addressed through analysis of the decisions and actions taken. However, this scheme can help establish a strategy to assess the ability of a legal system to resolve election disputes. In many instances, election laws may be excluded from the table because there are no sanctions directly associated with violations in the election laws per se. The table may then refer to the provisions found in other laws, such as the criminal code or the criminal procedural code. As these provisions are not usually readily available in translation for every election observation mission, the scheme has been devised for easy consultation. However, the key provisions to include in the actual table will invariably change according to the legislation of the country. Furthermore, it is not possible for the scheme to be exhaustive, but it is important that real election disputes are analysed and as comprehensive a scheme as possible is outlined. B. Database for Election Disputes Part A of this section outlined the methodology for categorizing and organizing the data gathered, as well as for tracing complaints through to a resolution when a decision has been taken. This section will now examine the practical aspects of how the database on election disputes has been developed to do this. First and foremost, it must be noted that in most cases the database is likely to be limited to complaints which are filed with an authoritative institution and for which the election observation mission has received a copy of documentary evidence related to the allegation. There are four primary reasons why this approach is taken: • First, only complaints for which redress has been sought can serve to monitor the efficiency of both the legal system and the quasi-judicial mechanisms for election dispute resolution. • Secondly, because the defendant or the authorities may contest the validity of the allegations, some record of the occasion or event about which the complaint is being filed is necessary if the data is to be used to draw conclusions. • Thirdly, tangible evidence facilitates the follow-up and verification of allegations. • Finally, this strategy seeks to eliminate unsubstantiated complaints and increase efficient use of the limited resources available to the mission to monitor both elections and complaints. However, there is one major drawback to this methodology. In cases where people are intimidated and unwilling to provide names or documents (a possible factor in the gravest violations) the event would be excluded from registration in the database. Below is a description of each of the fields (i.e. the boxes to be filled in when registering a complaint file) used in the election dispute database. The purpose of the database is to gather information on both the quantity of election-related disputes in a given country and the dispute resolution process of a given legal and electoral system. The data will serve to facilitate the analysis of legal, topical, geographical and other patterns. Number: Each case or complaint registered is allotted a number in order to identify within the election observation mission the complaints received. This number is for organizational purposes only and should not be confused with the numbers allotted to cases in 17

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