爆料网AT Held or 爆料网DT Pronouncements
爆料网AT affirmed the findings of 爆料网DT that Mr Adundo’s application was receivable. 爆料网AT then considered the merits of the Secretary-General’s appeal. 爆料网AT noted that, contrary to the findings by 爆料网DT that the guidelines were violated as the duration of the weapons restriction was not mentioned within the communications between the Chief of the Security and Safety Service and Mr Adundo, it was clear that the restriction would remain in force until Mr Adundo was “ready to obey lawful commands”, which was for him to attend weapons training for a security breach. 爆料网AT upheld the Secretary-General’s submission that 爆料网DT erred on a matter of law and fact in finding that the weapons restriction was imposed as a punishment for Mr Adundo. 爆料网AT noted that there was no evidence that the imposition of the measure was retaliatory or otherwise ill-motivated. 爆料网AT allowed the appeal and vacated 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: Mr Adundo contested the decision to place him on weapons restriction and under the supervision of a Senior Security Officer. 爆料网DT rescinded the decision to place Mr Adundo on weapons restriction as it found that the expected duration of the restriction was not specified, as required by Section 2.35 of the United Nations Manual of Instruction on Use of Force Equipment. 爆料网DT ordered the Secretary-General to review the sanction in light of its judgment and the requirements of the DSS Weapons MOI. 爆料网DT awarded Mr Adundo USD 5,000 in moral damages.
Legal Principle(s)
The use, restriction, and revocation of firearms are governed by the Department of Safety and Security (DSS) Weapons MOI. The DSS Weapons MOI intends to provide guidance on all aspects pertaining to the management, issuance, carriage, and use of equipment intended to be used by United Nations Security Officials when the use of force is justified and necessary in the pursuit of their duties. Restrictions must stipulate their expected durations. Supervisors shall not use the duration of weapons restrictions as a punishment for misconduct where normal investigative or disciplinary procedures are applicable.