The Electoral Complaints Commission (ECC) is an independent Afghan body established under Article 52 of the Electoral Law to adjudicate all challenges and complaints related to the electoral process. The ECC has been reestablished for the 2009 elections. The ECC can hear complaints related to violations of the election law as defined in Article 53, and it has the authority to impose sanctions, as identified in Article 54, if an offense has been deemed to have been committed. In addition, the ECC can consider challenges to the eligibility of nominated candidates.
According to the Electoral Law, the ECC is composed of two national Commissioners and three international Commissioners. One Commissioner is appointed by the Afghanistan Independent Human Rights Commission, one Commissioner is appointed by the Supreme Court of Afghanistan and the three internationals are appointed by the Special Representative of the Secretary-General of the United Nations. The 2009 ECC is comprised of national Commissioners, Fahim Hakim and Maulawi Mustafa Barakzai. The international Commissioners are Grant Kippen, Maarten Halff and Scott Worden.
The ECC has its headquarters in Kabul. It will also be represented in each province of Afghanistan by the Provincial Election Complaints Commissions (PCCs). Each PCC consists of three Commissioners and one support officer. Eight of the provincial offices will have additional legal and investigative capacity to assist the provincial offices when required. A person, or organisation, who has a legitimate interest and who alleges that there has been a violation of the Electoral Law regarding the conduct of the electoral process has the right to file a complaint with the ECC and its Provincial Complaints Commissions. This includes all eligible voters and candidate agents. The ECC is separate from, and independent of, the Independent Election Commission of Afghanistan (IEC).
