Summary
At times, an effective remedy may require States Parties to take interim measures.
Obligations
Election Parts
Issues
Criteria
- An effective and timely remedy was available for all citizens for violations of their rights throughout the electoral process
- The legal framework provided citizens with an effective (timely and enforceable) remedy throughout the electoral process
- A system to file complaints related to the media was available for all citizens
Quotes
- The Committee further takes the view that the right to an effective remedy may in certain circumstances require States Parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations.
- In general, to be effective, remedies should be capable of discontinuing an ongoing violation, making reparations to individuals whose rights have been violated, bringing to justice perpetrators of the violation and preventing similar infringements in the future.
- The election administration should be legally empowered to take measures that stop any ongoing infringement, restore violated rights, sanction those who violate legislation and prevent similar infringements in the future. Also, the election administration should be required by law to refer any possible criminal matters that come to its attention to the relevant law enforcement body and to forward complaints not under its jurisdiction to the relevant body.
- The main guarantee of an effective EDR system is the availability of a remedy that can correct an irregularity by annulling, revoking, modifying or even just acknowledging it. Other mechanisms can either deter or punish a transgressor through a regime of criminal or administrative liability.