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Confidential evidence (149, 150,-666)

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Keywords: Confidential evidence
Total judgments found: 85

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  • Judgment 191


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."

    Keywords:

    appraisal of evidence; confidential evidence; disclosure of evidence; request by a party; tribunal;



  • Judgment 132


    21st Session, 1969
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."

    Keywords:

    appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;



  • Judgment 131


    21st Session, 1969
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."

    Keywords:

    application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;



  • Judgment 125


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organization based its conclusions on letters and the contents thereof "as evidence against the complainant". The complainant is accordingly "entitled to see the letters; and it is not enough that he should be provided with extracts or summaries of such parts of the letters as the organization considers to be relevant." The organization has admitted that passages have been omitted relating to extraneous subjects or which the organization considers confidential, the reasons for any such omissions having been given. If the Tribunal decides to examine the omitted passages, "the complete letters will [...] be produced only to the Tribunal itself and will not be shown to the complainant" unless the Tribunal so decides.

    Keywords:

    appraisal of evidence; confidential evidence; disclosure of evidence; interlocutory order; organisation; right to reply;



  • Judgment 13


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    On the substance

    Extract:

    The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."

    Keywords:

    case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;

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Last updated: 14.10.2021 ^ top