States have a duty to provide appropriate judicial and administrative means for addressing claims of rights violations.
- The Committee attaches importance to States Parties' establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law.
- States Parties adopt legislative, judicial, administrative, educative and other appropriate measures in order to fulfill their legal obligations.
- States shall ensure that domestic law is consistent with international legal obligations by: ...(b) Adopting appropriate and effective judicial and administrative procedures and other appropriate measures that provide fair, effective and prompt access to justice.
- Member states should ensure that administrative authorities implement judicial decisions within a reasonable period of time. In order to give full effect to these decisions, they should take all necessary measures in accordance with the law. b. In cases of non-implementation by an administrative authority of a judicial decision, an appropriate procedure should be provided to seek execution of that decision, in particular through an injunction or a coercive fine.
- It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
- Private persons shall be entitled to seek, directly or by way of exception, a judicial review of an administrative decision which directly affects their rights and interests.
- States should ensure that violations of human rights and complaints relating to the electoral process are determined promptly within the timeframe of the electoral process and effectively by an independent and impartial authority, such as an electoral commission or the courts.
- Both before and during the election cycle, governments should make concerted efforts to dismantle private armed groups and prosecute those responsible for participating in or forming them. State forces should also protect citizens from armed groups.
- Investigations and prosecutions are essential to reduce future violence.
- The courts should be strengthened in terms of both human and financial resources to enable them adequately deal with election petitions and offences and to ensure a level playing field and free and fair elections.
- The commitment of OSCE participating States to ensuring the availability of an effective remedy is of special relevance to EDR [electoral dispute resolution] as it entitles everyone to “have an effective means of redress against administrative decisions so as to guarantee respect for fundamental rights and ensure legal integrity”.