Investigators’ mandates are
usually based on those of their organization and their specific duties within
that organization. If the duties of investigators are clearly defined in the
organization’s personnel and procedures manuals, some of the integrity problems
associated with under- or over-zealous investigators can be avoided. Most
systems have written codes of ethics for investigators since their conduct is
an essential part of ensuring integrity in enforcement.
Protecting
Integrity in the Performance of Duties
Examples of requirements for investigators relating to their performance are that they should:
- Have the necessary
jurisdiction to conduct an investigation. If facts are uncovered
indicating that the investigation falls under the jurisdiction of another
agency, most systems require that agency to be informed and the
complainant to be asked to contact the appropriate agency.
- Use only lawful means to
collect evidence and information relevant to the investigation. This is
required to protect the rights of witnesses or the accused, as well as the
admissibility of evidence.
- Exercise careful judgment
in deciding on the most appropriate and effective interviewing methods,
keeping in mind the “ethical obligations to act with dignity, fairness,
moderation, thoroughness and political impartiality.”
- Protect the civil and
political rights of individuals involved in the investigation. This includes informing them of their rights.
- Be respectful when
interviewing individuals. With witnesses and others, avoid personal or
private discussions that could bring into disrepute the administration of
justice. Refrain from asking embarrassing, insulting or
abusive questions.[1]
- Respect the privacy
rights of individuals by ensuring that all personal information collected
about them is relevant to the investigation.
- Inspect election
documents relevant to the investigation without tampering with them.
- Investigate within the
policy framework of the investigative office, and report findings and
concerns objectively to supervisors in a timely fashion.
- Assess the facts
objectively to determine whether the alleged offence occurred. Make
objective recommendations on what action, including prosecution, should be
taken.
- Protect the
confidentiality of the investigation. Ensure that personal information,
correspondence and other documents related to a case remain confidential
and are discussed only with authorized persons. This approach also protects the privacy rights of individuals.
