In dubio pro reo (916,-666)

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Keywords: In dubio pro reo
Total judgments found: 3

• Judgment 2914

  
  109th Session, 2010
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The Tribunal points out that, in the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and that, in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member.

  Reference(s)

  ILOAT Judgment(s): 2351
  

  Keywords:

  in dubio pro reo; presumption of innocence;
  

  
  
  

• Judgment 2913

  
  109th Session, 2010
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "[I]n the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and [...], in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member."

  Reference(s)

  ILOAT Judgment(s): 2351
  

  Keywords:

  benefit of doubt; burden of proof; disciplinary measure; general principle; in dubio pro reo; organisation's duties; presumption of innocence;
  

  
  
  

• Judgment 2351

  
  97th Session, 2004
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7(b)

  Extract:

  Disciplinary sanctions presuppose that a staff member has committed a fault for which he must be punished. Contrary to what the ITU maintains, however, the burden of proof rests with the Administration, since the complainant must enjoy a presumption of innocence and the protection afforded by the principle in dubio pro reo.

  Keywords:

  in dubio pro reo; presumption of innocence;