Sunday, February 7, 2021

UNDT Told Inner City Press To Destroy Evidence of UN Sex Abuse Now Guterres Invokes Impunity

By Matthew Russell Lee, Patreon Appeal SG Response

BBC - Guardian UK - Honduras - ESPN

UN GATE, Jan 26 – How corrupt and unaccountable is today's United Nations?

 Well, in November 2020 Inner City Press went to attend and report on a UN Dispute Tribunal proceeding about a case of sexual harassment in the UN, a proceeding which was announced as open to the public, as US court cases are. 

 But when Inner City Press signed in and gave its name, it was excluded. Later, when it obtained and published evidenc presented in the case, a UN Dispute Tribunal judge ordered it to destroy the evidence or be banned from all future proceedings. 

 This while UN Secretary General Antonio Guterres falsely claims to have zero tolerance for sexual harassment and abuse, while himself banning Inner City Press from UN briefings now for 938 days. 

  Inner City Press is even banned from submitting questions by WebEx, on which the International Monetary Fund for example answers its questions. The only difference is Guterres and his corruption.

   On December 21 Inner City Press filed a formal appeal with the UN Appeals Tribunal, full filing here on DocumentCloud.

 And now in late January Guterres' long time Portuguese lawyer Miguel de Serpa Soares has responded, that Guterers is not waiving immunity, impunity response on Document Cloud here: "Mr. Lee is not a staff member of the United Nations, nor a party to the current proceedings. The current appeal of Order Nos. 178 and 179 is, therefore, a matter between the UNDT and Mr. Lee. 8. However, the protection of witnesses and participants in proceedings, as well as the respect for the Tribunal’s orders, are of utmost importance. Article 19 of the UNDT Rules provides that “[t]he Dispute Tribunal may at any time, either on an application of a party or on its own initiative, issue any order or give any direction which appears to a judge to be appropriate for the fair and expeditious disposal of the case and to do justice to the parties.” 9. In addition, the UNAT has found in Nartey that “[t]here is no doubt that the Dispute Tribunal has the inherent power to issue orders to protect witnesses who testify before it from retaliation by a party. Like the contempt power, the power to protect witnesses stems from ‘[t]he ability to promote and protect the court, and to regulate proceedings before it[; it] is an inherent judicial power. … [and] it is essential to […] a tribunal’s case management and ability to conduct hearings.’”

10. Mr. Lee also requests that the UNAT issue an order compelling the Secretary-General to waive the immunity of the presiding judge in the hearing held in Case No. UNDT/NY/2019/047, so that Mr. Lee may bring action against her in domestic courts. The UNAT should reject this request as not receivable ratione materiae. The UNAT has affirmed that issues relating to the immunity of UN officials, including officials protected under Article VI, Section 22(b) of the Convention on the Privileges and Immunities of the United Nations, such as the UNDT and UNAT Judges, are policy decisions of the Secretary-General which are not justiciable. Therefore, for the foregoing reasons the Respondent requests the UNAT to dismiss Mr. Lee’s requests." Impunity.

 On the morning of January 26 Inner City Press emailed Guterres and his spokespeople this question: " Given that the UNDT order destruction of evidence concerning sexual harassment inside the UN, why is SG Guterres not waiving immunity?" Eight hours later, no answer. No second term.


  


 

We will have more, including listing more of those complicit in the UN's cover up of abuse. Watch this site.

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