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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;


 
Last updated: 15.09.2021 ^ top