Judgment No. 4003
1. The ICC shall pay the complainant moral damages in the amount of 200,000 euros.
2. It shall pay Mr P. L. moral damages in the amount of 140,000 euros.
3. It shall pay 20,000 euros in costs to the complainant and 500 euros in costs to Mr P. L.
4. All other claims are dismissed.
5. Mr K.ís application to intervene is dismissed.
The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.
complaint allowed; official travel; service-incurred; compensation
The Tribunal finds that the written submissions are sufficient to reach a reasoned decision, and, therefore, it shall not order oral hearings.
The application to intervene of Mr P. L. is allowed insofar as it relates to the claim of breach of the organizationís duty of care and was accepted by the ICC. Mr K.ís application to intervene is rejected as he is not in a similar situation in fact and in law to that of the complainant, inasmuch as the complainant filed a timely claim for compensation whereas Mr K. did not.
With regard to the ICCís objections to receivability, the Tribunal finds that the claim regarding retaliation is receivable. The complainant had raised the question in her request for review and in her internal appeal, and it was considered by the Appeals Board in its report. Thus, the complainant has exhausted all internal means of redress.
internal remedies exhausted
The Tribunal finds that the reasons given in the [...] decision to reject the complainantís claim for compensation were not supported by the evidence. Moreover, the Registrar relied on documents to which he refused to give the complainant access, while mischaracterizing the findings of those documents in a clear breach of her due process rights. He also misinformed the complainant that he had been ordered to destroy the consultantís report and therefore could not give her a copy while knowing full well that the disclosure of the report to the complainant had already been approved. This constitutes an act of bad faith. The Registrarís correspondence with the complainant shows that he repeatedly threatened her with charges of misconduct and possible disciplinary action unless she accepted the ICCís offer during conciliation proceedings. This was an abuse of power and further evidence of bad faith.
confidential evidence; disclosure of evidence; misuse of authority; bad faith; abuse of power
The Tribunal recognizes that the complainantís ordeal in Libya was a direct result of the ICCís failure to properly prepare for the mission, specifically, its failure to: (a) establish a diplomatic basis by ensuring that a Memorandum of Understanding was established and/or Notes Verbales were exchanged with the Libyan authorities prior to the missionís initiation; (b) establish a mission plan which identified the objectives of the mission, the locations to visit and persons to be met, as well as naming the Head of Mission and clarifying the specific responsibilities of the team members; and (c) ensure that all security protocols were followed and advice was implemented to guarantee the safety and security of the staff members on mission. For these failures, and taking into consideration the damage suffered by the complainant and Mr P. L. during their period of confinement, the Tribunal awards moral damages in the amount of 140,000 euros to each of them. This amount addresses the damage to their psychological well-being as well as to their public and private relations Ė due to the stress, and difficulties in traveling, due to the ongoing charges against them in Libya and the defamation of their characters which would have been mitigated if the ICC had issued a statement asserting their innocence immediately instead of waiting until the Libyan accusations had been widely publicized.
moral injury; official travel; security measures
Since the complainant succeeds, she is entitled to an award of costs, as is Mr P. L., whose application to intervene is allowed. The Tribunal sets the award of costs for Mr P. L. at 500 euros as he was not represented by a lawyer and did not need to provide extensive submissions in his application to intervene. The complainant, considering the complexity of the case, is awarded costs in the amount of 20,000 euros.
intervention; costs; costs awarded