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Judgment No. 235

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"The Tribunal does not propose to base its judgement in this case upon an analysis of the phraseology of the rules and regulations. It will, for the purposes of this case, accept the complainant's contention that what has to be proved is that the performance of official duties was a cause of the death of her husband."

Keywords

death; service-incurred

Considerations

Extract:

The Tribunal's decision is subject to the specific circumstances of each case. It "is not to be taken as laying it down that death in a country to which an official is assigned and which lacks ordinary medical facilities can never be attributed to the performance of official duties."

Keywords

field; evidence; duty station; death; illness; service-incurred; cause

Considerations

Extract:

The Tribunal sees no evidence of "a sufficiently close connection between the death and the performance of [...] duties [for the latter] to constitute [...] a cause of [...] death."

Keywords

field; lack of evidence; assignment; duty station; death; cause

Considerations

Extract:

"It is recognised in all legal systems that for a cause to qualify as such for the purposes of the law there must be a link or links of some strength between the cause and the event. This is sometimes expressed by saying that the cause must be approximate or direct or not too remote. Whatever the language used, the test is one which is generally understood; its application is a matter of appreciation and experience and there is usually [little] room for elaborate reasoning."

Keywords

cause; criteria; definition



 
Dernière mise à jour: 04.03.2020 ^ haut