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UNITED NATIONS,
June 5 – Four months after the
arrest for UN
bribery of Patrick Ho, the
head of China Energy Fund
Committee full funded by CEFC
China Energy, his ultimate boss
at CEFC Ye Jianming was brought
in for questioning in
China. On May 17, Ho was
denied bail in a proceeding in
which the UN was described as
corrupted, and Ho's emails
offering bribes to the
foundation of UN President of
the General Assembly Sam Kutesa
were made part of the judge's
order. Post-hearing Periscope
video here.
Inner City Press' reporting that
day, as before, included the
non-response since November 2017
of the UN Mission the the Czech
Republic, which holds the
presidency of the UN ECOSOC to
which CEFC continues to hold
consultative status, while
CEFC's Ye Jianming was and
remains an adviser to Czech
President Zeman. Even as the
Mission in New York refused to
answer, on for example 28
November 2017 and 6 February
2018, Inner City Press'
reporting has been picked up in
the Czech Republic, on 12
January 2018 here,
then on 28 May 2018 here.
On June 4, a belated response
from the Czech Mission to the
UN, published by Inner City
Press in full below along with
the Press' follow up questions
on June 4, still not answered as
of 4 pm on June 5. Inner City
Press is also informed that Marie
Chatardova has
reached out
with the same
answer to the
Czech Press
Agency; some
say she is
under
consideration
by Zeman to
become the
country's
foreign
minister and
that this
Press question
unresponded to
by the Czech
Mission since
November could
be a problem.
Suddenly on
June 5,
Antonio
Guterres'
spokesman
Stephane
Dujarric read
out an answer
(he rushed off
the podium so
follow up
question have
not yet been
possible).
Video here.
He emailed the
answer to
Inner City
Press, which
he usually
does not do,
seemingly in
this case an
invitation to
be sure to
publish in
full what he
read. Here it
is:
"The procedure for withdrawal of
consultative status, as per para
56 of ECOSOC resolution 1996/31,
is the following:
A member State has to make a
complaint against an
organization at the NGO
Committee (it does not need to
be a member of the Committee nor
a member of ECOSOC) through a
letter addressed to the Chair of
the NGO Committee;
The NGO Committee reviews the
complaint and the NGO concerned
is informed of the complaint in
writing and is asked to present
its response for consideration
by the NGO Committee.
In plain English, this means
that these initiatives and
decisions are within the sole
purview of the Member
States. They are the ones
deciding on whether or not to
make a complaint to the NGO
Committee, and they are the ones
making the ultimate decision in
the NGO Committee and then
ECOSOC on any change in the
consultative status of an
organization.
The President of ECOSOC is not
personally involved in any step
of this procedure." Inner City
Press asks, overall, doesn't a
president of ECOSOC have an
interested and duty in ensuring
that indicted bribers don't
remain in status? Has
anything precluded Marie
Chatardova for
the Czech
Republic
asking for the
needed action?
To
Dujarric and his deputy, Inner
City Press has put these follow
up questions and will report
response (or non response) -
"Did this note come from
(Secretariat's) Paul Simon, to
whom I've previously sent
questions [or] from the the
Czech Mission to the Mission,
which belatedly responded to
Inner City Press' Nov 2017 and
Feb 2018 questions last
night? And, what would be
the Secretary General's
(Office's) response to a
statement that the failure in
the China Energy Fund Committee
/ Patrick Ho case to commission
and release an OIOS audit as was
done in the South South News /
Ng Lap Seng case makes it much
less likely that the steps set
out in the note will take place,
and make it more likely that
such an NGO, allegedly involved
in bribery including of a UN
PGA, remains in consultative
status to UN ECOSOC?" Here is
what the Czech mission belatedly
sent, followed by Inner City
Press' June 4 follow up
questions not answered or even
acknowledged as of 4 pm on June
5. "Dear Mr. Matthew Russel Lee,
Allow me to contact you in my
capacity as a diplomat
responsible at the Permanent
Mission of the Czech Republic to
the United Nations for contacts
with media. I take this
opportunity to refer to
your latest articles in Inner
City Press issued on 2 May
2018 and 28 May 2018
respectively, namely to the part
concerning H.E. Ms. Marie
Chatardova and her role as
President of the ECOSOC
repeatedly mentioned by you.
(See: http://www.innercitypress.com/unbribery1hobeltroad050218.html
http://www.innercitypress.com/unbribery5hojeremic052818.html
Economic and Social Council
(ECOSOC) is composed of 54
Member States, elected for a
period of three years. ECOSOC
plays a coordinating role to as
many as 29 subsidiary bodies
covering very fast field of
activities. One of these
subsidiary bodies is Committee
on Non-Governmental
organizations. This Committee is
composed of 19 Member States
elected on the principal of
geographical distribution for a
period of 4 years. (The Czech
Republic is not currently member
of this Committee.)
At present day, 5.083
non-governmental organizations
obtained this statute.The
question of the Suspension and
withdrawal of the consultative
statute is covered by Part VII
(Articles 55 -59) of the ECOSOC
Resolution 1996/31 as follows:
"55. Organizations granted
consultative status by the
Council and those on the Roster
shall conform at all times to
the principles governing the
establishment and nature of
their consultative relations
with the Council. In
periodically reviewing the
activities of non-governmental
organizations on the basis of
the reports submitted under
paragraph 61 (c) below and other
relevant information, the
Council Committee on
Non-Governmental Organizations
shall determine the extent to
which the organizations have
complied with the principles
governing consultative status
and have contributed to the work
of the Council, and may
recommend to the Council
suspension of or exclusion from
consultative status of
organizations that have not met
the requirements for
consultative status as set forth
in the present resolution."
"56. In cases where the
Committee on Non-Governmental
Organizations has decided to
recommend that the general or
special consultative status of a
non-governmental organization or
its listing on the Roster be
suspended or withdrawn, the
non-governmental organization
concerned shall be given written
reasons for that decision and
shall have an opportunity to
present its response for
appropriate consideration by the
Committee as expeditiously as
possible."
"58. The consultative status of
organizations in general
consultative status and special
consultative status and the
listing of those on the Roster
shall be suspended or withdrawn
by the decision of the Economic
and Social Council on the
recommendation of its Committee
on Non-Governmental
Organizations."
(Note: By the decision of
the ECOSOC´s Member States, not
by the decision of ECOSOC´s
President.)
It is thus obvious that the
President of the ECOSOC,
according to the valid rules,
has no competence to start the
procedure of the suspension and
removal of the already granted
consultative statute of the
given NGO.
I hope you will find this
explanation useful and we will
really appreciate if you stop to
disseminate incorrect
information and speculations on
this topic.
Best regards,
Karel Komárek,
Minister-Counsellor
Permanent Mission of the Czech
Republic
to the United Nations
1109 -1111 Madison Avenue, New
York, NY 10028." So
"Organizations granted
consultative status by the
Council and those on the Roster
shall conform at all times to
the principles governing the
establishment and nature of
their consultative relations
with the Council." Doesn't being
indicted for using the access to
the UN to bribe the President of
the GA - Sam Kutesa and, it
seems, Vuk Jeremic - violate the
principles? And doesn't the
president of ECOSOC, even if her
president has the head of the
bribing group as an adviser,
have standing to raise this
issue? Soon after receiving the
above, Inner City Press on June
4 send these follow up
questions: "
Given that China Energy
Fund Committee's Patrick Ho has
been indicted for, and remains
incarcerated for, allegedly
bribing PGA Kutesa, does not
“comform... to the principles
governing the establishment and
nature of their consultative
relations with the Council”? If
not, are you arguing that the
President of ECOSOC has not
power to raise and pursue this
issue which to some makes a
mockery of ECOSOC under her
presidency? Given Czech
President Zeman's relationship
with Ye Jianming, isn't it
imperative that Zeman's
Ambassador, while heading UN
ECOSOC, respond to this
indictment of Jianming's ECOSOC
adviser for bribery? Has she
sought any legal or ethical
advice in this regard? From
whom? Does a President of ECOSOC
not have responsibility for what
happens with / in ECOSOC under
her or his presidency?" No
answer yet. Watch this site.
Back on May 18, Inner City Press
asked UN spokesman Farhan Haq
about it, video here,
UN transcript here:
and below. Now on May 28, with
UN Secretary General still not
having even started an audit,
the scope of the China Energy
Fund Committee / Ye Jianming /
Patrick Ho scandal expands again
as to the UN. Yet another
President of the UN General
Assembly, Vuk Jeremic, is
reported have received his
funding from Ho, Ye Jinming and
CEFC, click here
for example, citing Inner City
Press and its questions to
"Farhan Haku," and reporting
that "Ho was one of Jermic's
main financiers and that he had
transferred 4.3 million euros to
Jeremic's organization and his
private company." We'll have
more on this. From the May 18 UN
transcript: Inner City
Press: Yesterday, there
was a court hearing down in the
Southern District of New York
where Patrick Ho was applying
once again… of the China
Energy Fund Committee (CEFC) was
applying again for bail. He was
denied, but I'm asking you this,
because in the court hearing, it
was said, these were two direct
quotes. One quote was that
he's charged with "corrupting
the UN", and second quote is
"many people at the UN were
involved". So it made me
wonder, and I looked around the
courtroom, whether the UN is
already following this
case? I'm aware that there
has yet… at least my
understanding is there's no
audit yet. Is OLA (Office
of Legal Affairs)… do they
have somebody there? Are
they ringing up fees, would be
one way to put it, but what's
your response to these
statements in court?
Deputy Spokesman: We're
monitoring this case and, as you
know, we've been cooperating
with the US legal authorities
concerning this overall case.
Inner City Press: In this
case… in this case…
I know that in the previous case
documents were provided and
$302,000 were paid as legal fees
back to the UN. In the
case of Patrick Ho and CEFC,
have documents been provided to
the prosecution?
Deputy Spokesman: We're
cooperating as needed with the
authorities." And
charging? China Energy
Fund Committee, the bribery
vehicle, is still in special
consultative status with UN
ECOSOC. Oft-traveling Secretary
General Antonio Guterres has not
even ordered an audit (though he
keeps restrictions on Inner City
Press which covered the Ng Lap
Seng and now Patrick Ho UN
bribery scandals. The UN is a
corrupted institution. In court
on May 17, Ho's lawyer Andrew
Levander
argued
that now China
is cutting
"the energy
company" CEFC China
Energy no slack.
Prosecutor
Douglas
Zolkind on the
other hand
emphasized
that the
energy company
has now
essentially
been taken
over the Chinese
government,
which he also
said controls
Hong
Kong's
decisions to
extradite or
not. Judge Katherine
Forrest noted
that the
energy company
is paying Ho's
legal fees and
said its
motives could
not be known.
She read into
the record not
only the Kutesa
emails in Paragraph
40 of the complaint
but
also those
about Chad's
president Deby
in Paragraphs
24 and 26.
It was said the
case "involves
many people at
the UN." We'll
have more on
this. On
May 15 the prosecution detailed
how the bribes were paid, as
part of responding to Ho's
motion to dismissed. The funds
to Kutesa when from HSBC in Hong
Kong to Deutsche Bank in New
York to Stanbic in Uganda. The
funding to Gadio, in two
tranches, when from HSBC in Hong
Kong to HSBC in New York to
Mashreq Bank in New York to
Mashreq Bank in Dubai. On May 17
Ho should hear a ruling on his
re-request for bail. At the UN,
which has yet to even order an
audit while Ho's China Energy
Fund Committee is still in
special consultative status with
UN ECOSOC, Inner City Press
asked if the UN hopes to get
awarded attorneys fees like it
did, to the tune of $302,000, in
the case of Ng Lap Seng, with
the same prosecutors. The UN
declined to comment - it remains
UNreformed. Watch this site. On
May 2, Patrick Ho and five
lawyers argued for more than an
hour to try to get bail granted
- it was not. Judge
Katherine
Forrest noted
that even if
Ho's motions
to dismiss
some counts,
and to
suppress
evidence
collected with
his iPad
password, are
in fact
granted, the
case will
still proceed.
She asked his
lawyers to
research
whether the
equity in his
mother's home
in Hong Kong
could be
transferred to
a bank in the
United States.
Ho's lawyer Andrew
Levander
quoted him
that this is a
case not only
against Ho,
but also
against CEFC
and China it
its "One Belt,
One Road." The
prosecution's
Douglas
Zolkind
recounted how
Ho inside the
UN worked with
former Senegal
foreign
minister Gadio
to bribe
Chadian
president Deby,
who
"laughingly"
referred to
Brazilian
bribes for
another oil
concession.
Ho's lawyers
analogized him
to Jeff Bezos
of Amazon and
to Donald J.
Trump. He will
be back in
court in a
forthnight on
May 17 at 3 pm
- and so will
we. Post
hearing
Periscope
video here.
Management and day to day
operations of CEFC have
reportedly been taken over by
the Shanghai city government's
investment arm, Shanghai
Guosheng Group Company. At the
UN, Inner City Press asked if
this meant that its fundee could
not longer be in special
consultative status to UN
ECOSOC; this has not been
answered. Inner City Press made
this connection: the president
of ECOSOC is Marie Chatardová,
Permanent Representative of the
Czech Republic to the UN. Her
president, in Prague Castle, is
Miloš Zeman -- who, like
Uganda's Foreign Minister Sam
Kutesa when he was UN President
of the General Assembly, made Ye Jianming an
official adviser.
(Inner City Press' CEFC
investigative covered has been
picked up in the Czech media,
for example here.)
Amazingly, UN Secretary General
Antonio Guterres has yet to even
order an audit, which his
predecessor Ban Ki-moon did in
the case resulting in a 48 month
sentence for Ng Lap Seng (while
also evicted Inner City Press
for pursuing the story; Guterres
and his Global Communicator
Alison Smale continue the
restrictions). Watch this site.
***
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