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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member¡¯s admissions, the ±¬ÁÏÍøAT found the Complainant¡¯s account of events credible. It concluded that the former staff member¡¯s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...

The ±¬ÁÏÍøAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The ±¬ÁÏÍøAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT observed that two e-mail exchanges between Ms. Nimusiima and a former ±¬ÁÏÍøHCR staff member (AM) were the only documentary evidence offered to establish Ms. Nimusiima¡¯s culpability in issuing a fraudulent resettlement letter in exchange for a bribe.

The ±¬ÁÏÍøDT had concluded that these e-mail exchanges showed that Ms. Nimusiima acted in concert with AM, but that they were nonetheless ¡°equivocal¡± (unclear/vague), ¡°purely circumstantial¡± and did not prove with high probability that AM had sent the fraudulent resettlement letter to the Complainant (the alleged refugee).

With regard to...

After consulting the Staff Regulations and Rules and the Respondent¡¯s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent¡¯s argument that a Military Officer was authorized to conduct a breathalyzer...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The ±¬ÁÏÍøAT held that the Appellant¡¯s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021. The ±¬ÁÏÍøAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner. The ±¬ÁÏÍøAT held that the events that delayed the Appellant¡¯s return to her duty station could not be construed as force majeure as they...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the ±¬ÁÏÍøAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

±¬ÁÏÍøAT endorsed the ±¬ÁÏÍøDT¡¯s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. ±¬ÁÏÍøAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

Mr. Moulana appealed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøATnoted that the ±¬ÁÏÍøDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the ±¬ÁÏÍøDT found he failed to provide. Therefore...

The ±¬ÁÏÍøAT first concluded that the ±¬ÁÏÍøDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred when it made this finding without any independent or medical evidence, and that the ±¬ÁÏÍøDT had relied on its own Internet research regarding various...