Summary
Cessation of a violation is an essential element of an effective remedy.
Obligations
Issues
Criteria
- The state acted to investigate and address violations of rights. It provided appropriate judicial and administrative means for addressing claims of rights violations, including allegations of electoral fraud
- There was a timely and effective means of seeking redress for violations of rights regarding candidacy and campaigning
- A system to file complaints related to the media was available for all citizens
Quotes
- Cessation of an ongoing violation is an essential element of the right to an effective remedy.
- 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 principle of effective investigation is directly linked to the fact that individuals must have accessible and effective remedies in place to protect their political rights.
- 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.