By Matthew Russell Lee, Patreon Appeal Order
UN GATE, July 16 – How corrupt and unaccountable is today's United Nations?
Well, while the UN claims to be against sexual harassment and for accountability and press freedom, under Secretary General Antonio Guterres it ordered banned Inner City Press which reported on an ostensibly public UN Dispute Tribunal proceeding about harassment to destroy the evidence or be banned, a second time, from all proceedings, even virtual.
Now on July 16, a supposedly public proceeding in fact banned coverage. See, 16 July 2024 UNDT/NY/2023/038 (Rotheroe) Disciplinary matters UNJSPF Hearing on the merits 10:00am
1. On 27 October 2023, the Applicant, a former Deputy Director of Investment Management with the Office of Investment Management (“OIM”), United Nations Joint Staff Pension Fund (“UNJSPF”), filed an application in which she challenges the decision to impose upon her the disciplinary measure of separation from service with compensation in lieu of notice and without termination indemnity. The link led, after a time, to "You were denied access to the meeting."
Back when Inner City Press appealed to the UN Appeal Tribunal, the time to decide was extended, a proceeding held in secret and a one line denial issued:
"2020-1502 Matthew Russell Lee against Secretary-General of the United Nations Appeal not receivable and dismissed."
No reasoning was given, no opportunity to be heard. Inner City Press will be asking for the reasoning, first from Guterres and his spokespeople Stephane Dujarric, Farhan Haq, Eri Kaneko, Stephanie Tremblay and Florencia Soto Nino, then if necessary from the Appeals Tribunal judges themselves.
Inner City Press was ordered to destroy evidence of who-done-it, even the UNDT has found Padula guilty - but has insisted that he be anonymized, that is, covered up for. The shameful order is here, and recites for example that the person - Padula - covered up for
.“grabbed [AA’s] face, held her closely, leaned forward and attempted to kiss her”; b. “when [AA] resisted [the Applicant] kissing her, [he] forced [AA’s] head down and kissed her on the forehead”; c. “grabbed [BB’s] face, held her closely, leaned forward and attempted to kiss her”; d. “tried to move physically close to [AA] and [BB] while dancing, despite their attempts to keep [him] at a distance”; e. “attempted to grab [CC’s] face; when she blocked her face with her hands, [the Applicant] grabbed her hands and tried to pull them apart; when she resisted, [he] fell on her forcefully”; and f. “took and pulled [CC’s] hands to try to get her to dance, despite her resistance”.
But in Guterres' UN they do not want the public to know who did this - and the Press which exclusively published and name and evidence is banned and its written questions not answered. On the morning of February 4, 12 hours before publishing this when no answer was received from Guterres, Dujarric, Fleming, Amina J. Mohammed et al., Inner City Press in writing asked this: "what are SG Guterres comments and more importantly action on the UN Dispute Tribunal on Feb 3 confirming sexual charges against Padula - while having told Inner City Press to destroy all evidence or remain bannned, and maintaining Padula's name sealed, confirming the cover-up culture under Guterres?"
The UN claims it has to protect the identity of Padula (and will NOT report him to NYPD for any criminal offense) because they have to protect the identity of the VICTIMS - it's like Guterres' rationale for covering up genocide and mass killing, for example in Cameroon.
Inner City Press is even banned from submitting questions by WebEx, on which the International Monetary Fund for example answers its questions, as it did on February 4 about the Burma coup, on on November 4, 2021 about Ethiopia. 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.
In late January 2021 Guterres' long time Portuguese lawyer Miguel de Serpa Soares - now apparently extended - responded, that Guterers is not waiving immunity, impunity response on Document Cloud here. 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?" No answer, still.
Then this: "2020-1502 Matthew Russell Lee against Secretary-General of the United Nations Appeal not receivable and dismissed."
Right before the end of 2021, the full decision, by a full (7 judge) panel, with a dissent, now on Inner City Press' DocumentCloud, here.
The cover-up position of Antonio Guterres is recited: "The Secretary-General submits Mr. Lee is not a staff member of the United Nations nor a party in the Underlying Case. As such, the appeal of the Contested Orders is a matter between the UNDT and Mr. Lee. 22. The Secretary-General, however, notes the protection of witnesses and participants in proceedings as well as the respect for the tribunal’s orders are of utmost importance. Citing Article 19 of the Dispute Tribunal Rules of Procedure (UNDT Rules) and Nartey, 5 the Secretary-General accepts that the UNDT has the authority to issue the Contested Orders. 23. Finally, in regards to Mr. Lee’s request that the UNAT directs the Secretary-General to waive the immunity of Judge Adda so he can bring an action against her in domestic courts, the Respondent notes that issues relating to the immunity of United Nations officials are policy decisions of the Secretary-General, which are not justiciable."
From the dissent of Judge Colgan, Auckland, New Zealand, Judge Sandhu, Vancouver, Canada and Judge Neven, Brussels, Belgium: "In addition to not being entitled to use it as a sanction for contempt against Mr. Lee for reasons set out by us above, we do not consider that the UNDT can otherwise ban his attendance at hearings indefinitely and in blanket fashion. Accepting that closing hearings of proceedings may arguably include closing them selectively to certain persons, exceptional circumstances will be required for such an order to be made, and on a case-by-case basis." But Guterres has created a lifetime ban on Inner City Press, at least since 3 July 2018, with no answer by Melissa Fleming even to the polite letter from the Quinn Emanuel law firm seeking to begin a dialog to get Inner City Press back in.
Even the decision of Judge Halfeld, Presiding, Juiz de Fora, Brazil, Judge Murphy, Cape Town, South Africa, Judge Raikos, Athens, Greece and Judge Knierim, Hamburg, Germanyconcludes: "insofar as Mr. Lee may or may not have a legitimate grievance, redress does not lie in the hands of the Appeals Tribunal. To the extent that the problem may require a remedy, it is best left to the General Assembly. "We'll have more on this.
Inner City Press' timely appeal was "deferred" from Guterres' kangaroo Appeals Tribunal, until October 2021, while his Melissa Fleming refuses to answer even a major US law firm - this is impunity, see below.
This UN report complained, "15. During the reporting period, the holding of public hearings remotely raised its own set of difficulties. The registries experienced difficulties in controlling the access to the virtual public gallery, which is not problematic in the physical courtroom. It is also more difficult to control whether the public abide by the Tribunal’s instructions, in particular the prohibition of recording the hearing." No, UN staff disgusted with Guterres' cover ups leak.
Here's a few more of the decisions just announced, North Korea style:
2020-1467 Archana Patkar against Secretary-General of the United Nations Appeal dismissed. UNDT Judgment affirmed.
2020-1469 Thania Kamil Al Shalchi against United Nations Joint Staff Pension Board Appeal dismissed. Decision of the Standing Committee of the UNJSPB affirmed.
2020-1477 Ahmad Shuaib Payenda against Secretary-General of the United Nations Appeal dismissed. UNDT Judgment affirmed.
2020-1478 Secretary-General of the United Nations against Ali Khamis Appeal dismissed. UNDT Judgment affirmed.
2020-1479 Nshuti Samuel Rugerinyange against Secretary-General of the United Nations Appeal dismissed. UNDT Judgment affirmed.
2020-1480 Hussam Abd Al Rahman Aldirawi against Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East Appeal dismissed. UNRWA DT Judgment affirmed.
The deferral: "The June 2021 Synopsis file of UNAT judgments was published. They heard only 32 appeals, and the last appeal number heard in the session was 1468. So Inner City Press' appeal number 1502 won't be considered at a minimum until the late October 2021 session. The current estimated time from submitting an appeal to being considered is almost one year. Speedy justice? The Guterres Administration knows and exploits this. A typical UNDT case takes at least 18 months and then the appeals process takes at least a year. Hence why the Administration appeal every successful UNDT judgement by a staff member, it costs them nothing, while it costs the staff member plenty, as well as delaying any justice they may end up getting, which is usually little. Guterres' UN is corrupt - and cannot be allowed to continue banning the Press which reported on it. We will be applying to enter and cover the 2023 UNGA week.
In June 2023, this "the remanded case (Padula) which got Inner City Press banned has now just been assigned to Geneva (from New York) after the UNAT appeal overturned Adda's judgement and remanded the case back to the UNDT to be reheard. See this
8. Under art. 9.3 of the Tribunal’s Statute and art. 16.6 of its Rules of Procedure, the oral proceedings shall be held in public unless the Tribunal decides, at its own initiative or at the request of either party, that “exceptional circumstances require that the oral proceedings be closed”. The Tribunal considers that oral proceedings involving sexual harassment allegations, such as in the present case, constitute exceptional circumstances. Therefore, the Tribunal finds it necessary to have closed oral proceedings and hold the CMD in camera. 9. Given the sensitive nature of the sexual harassment allegations at issue, the Tribunal finds it also necessary to order that the Applicant’s name be anonymized for publication purposes of the Tribunal’s Orders.
So they continue to cover up and keep the proceedings closed.
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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