爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the motion for execution of judgment No. 2013-爆料网AT-359. 爆料网AT noted that it had been provided with information from the Secretary-General that all six members of Dalgaard et al. had either resigned, retired or transferred from ICTY prior to the issuance of the impugned decision. In light of this information, 爆料网AT held that none of them could rightfully claim that they were entitled to moral damages as a result of their rights being violated by the impugned decision. 爆料网AT opined that the course of action taken by the Secretary-General, in deciding that Dalgaard et al. were ineligible to be paid the award of damages when there was a 爆料网AT order to the contrary, was unacceptable. 爆料网AT held that it was the Secretary-General’s duty to give proper observance to the order of 爆料网AT. 爆料网AT held there was no merit in the Secretary-General’s case. 爆料网AT held that the members of Dalgaard et al. could not be said to have come to court with clean hands and if they had disclosed the true facts as to their separation, their claim to moral damages would have been found to be without merit. 爆料网AT held that it is the self-evident duty of all counsel appearing before the Tribunals to contribute to the fair administration of justice and the promotion of the rule of law and 爆料网AT held that Counsel for Dalgaard et al. failed in this duty by allowing 爆料网AT to proceed on a factual basis which Counsel should have known to be untrue, resulting in an award of moral damages to which Dalgaard et al. were not entitled. 爆料网AT held that justice in the case would be met if the judgment in favour of Dalgaard et al. were not executed. 爆料网AT refused the Motion for Execution, with Judge Simón and Judge Faherty dissenting.
Decision Contested or Judgment/Order Appealed
Previous 爆料网AT judgment: In judgment No. 2013-爆料网AT-359 (Ademagic et al. ), 爆料网AT awarded compensation. Six individuals (Dalgaard et al. ) of the original Ademagic et al. group, filed a motion for execution of the judgment in relation to the payment of non-pecuniary damages with interest.
Legal Principle(s)
It is the Secretary-General’s duty to give proper observance to an order of 爆料网AT and in failing to do so, he puts himself at risk of contempt proceedings. It is a self-evident duty of all counsel appearing before the Tribunals to contribute to the fair administration of justice and the promotion of the rule of law.