Judgment No. 3272

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 05.02.2014
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The Executive Secretary’s decision of 20 May 2011 is set aside and the matter shall be remitted to the JAP for reconsideration.
2. The Commission shall pay the complainant moral damages in the amount of 10,000 euros.
3. The Commission shall also pay the complainant costs in the amount of 4,000 euros.
4. All other claims are dismissed.

Summary

The complainant successfully challenges the decision not to appoint her to a vacant post due to procedural flaw and violation of her right to due process.

Judgment keywords

Keywords

complaint allowed; disclosure of evidence; competition

Consideration 15

Extract:

"The Tribunal has consistently affirmed the confidentiality of the records of the discussions regarding the merits of the applicants for a post. However, this does not extend to the reports regarding the results of the selection process with appropriate redactions to ensure the confidentiality of third parties."

Keywords

confidential evidence; disclosure of evidence; adversarial proceedings; due process; organisation's duties; duty to inform; selection board; procedural flaw; selection procedure; right to be heard