The investigators' mandates are usually based on those of their organization and their duties within that organization. Ensuring the duties of investigators are clearly defined in the organizations' personnel and procedural manuals can avoid some of the integrity problems associated with under- or over-zealous investigators. Most systems also have a written and binding code of conduct/ethics for investigators as their ethical conduct is an essential part of ensuring integrity in enforcement.
Protecting integrity in the fulfilment of duties
Investigators must ensure that they fulfil their duties with honour and integrity. This usually includes:
- having jurisdiction over the investigation. If facts are uncovered that indicate that another crime has been committed, or that the investigation belongs under the jurisdiction of another agency, most systems require that that agency is informed and the complainant told to report the matter to the appropriate agency. Usually nothing is done that would jeopardize a possible future investigation by the right investigative agency;
- using only lawful means to collect evidence and information relevant to the investigation. This is done to protect the rights of witnesses or the accused and the admissibility of evidence;
- exercising careful judgement in deciding on the most appropriate and effective techniques for conducting an interview, keeping in mind the 'ethical obligations to act with dignity, fairness, moderation, thoroughness and political impartiality;'333
- protection of the civil and political rights of the individuals involved in the investigation, including informing these individuals of their rights.
- interviewing individuals with respect. Personal or private discussions with witnesses and others that 'would bring in disrepute the administration of Justice and refraining from asking questions solely to embarrass, insult, abuse, belittle or demean an individual' are usually avoided. 334
- ensuring all personal information collected on individuals is relevant to the investigation. Personal information can include information on race, religion, ethnic origin, medical or criminal history, blood types, fingerprints and political affiliations. This is to protect the privacy rights of the individuals and to avoid problems such as discrimination because of something such as ethnicity;
- inspecting election documents relevant to the investigation without tampering with those documents. This is an integrity fundamental;
- investigating within the policy framework of the investigative office, and reporting findings and concerns objectively to the supervisors in a timely fashion. This helps ensure that the investigator stays within acceptable guidelines;
- assessing the facts objectively to determine whether the alleged offense occurred and making objective recommendations on what future action, including prosecution, should be taken. Having an objective investigator is another integrity fundamental.
- protecting the confidentiality of the investigation. Ensuring that personal information, correspondence and documents related to a case remain confidential and are shown and discussed only with authorized persons. This also relates to protecting the privacy rights of individuals.
Supervision
Investigators usually work within the chain of command of their organization. A head investigator usually manages the investigative resources of the agency and is responsible for the planing, organization, execution and monitoring of the investigative process within the agency.335
Adequate supervision is essential to ensure investigations are done and done with integrity. It also ensures that investigators follow the procedures and work within the system.
Code of conduct/ethics
The ethical behaviour of investigators is critical. The Code of Conduct for Law Enforcement also applies to the conduct of investigators. This is also discussed in Security.
