What remedies are available in the last instance?
Afghanistan
- Total recount of results
- Partial recount of results
- Re-run the election
- Not applicable
- Issue warning; Initiate judicial prosecution; Imposing cash fines; Take disciplinary action
Election Law, 2014
http://iec.org.af/pdf/legalframework/law/electorallaw_eng.pdf
Authorities of the Complaints Commission
Article 26:
The Complaints Commission shall have the authority ofadjudication and taking decisions in the following instances:
1- Complaints related to electoral violations andinfringements including the instances of violation of law in the execution ofthe electoral process.
2- Instances of objections concerning the list ofcandidates and requirements and qualifications of the candidates which areposed during the election process.
3- Taking disciplinary action and imposing cash finesin accordance with the provisions of the Election Law.
4- The Complaints Commission shall prepare theprocedure and manner of adjudication on complaints and act accordingly.
5- Suggesting to the government, amendment to theElection Law and this Law.
6- Adjudication on the complaints arising from theelectoral violations provided that the complaint has reached prior to thecertification of the results of elections.
7- The Central Complaints Commission shall review onceagain the decision of the Provincial Complaints Commissions in case ofdissatisfaction of the complainant or at its own discretion.
8- The Provincial Complaints Commissions shall be theprimary authority of adjudicating on the electoral complaints. In exceptionalcases, the Central Complaints Commission may be the primary authority ofpondering the electoral complaints.
9- Issuance of warning or instruction to a violatingperson or organization to take remedial action.
10- Taking decision on re-polling or re-counting ofvotes prior to the certification and announcement of the results.
11- The Central Complaints Commission may, in case ofpresence of evidences of committing a crime, refer the violator to theAttorney’s Office for judicial prosecution.
12- Decision made by the Central Complaints Commissionshall be ultimate and unchangeable.