Defense of Ban's Failure to Appear Is Like Sudan's Bashir, Glass
July 1 -- Under fire for seeming to thumb his
nose at the
rule of law in the UN, Secretary General Ban Ki-moon's top lawyer
Patricia O'Brien faced the Press on Thursday, reading a script. She
said Ban has the right to appeal. But why, Inner City Press asked,
appeal an order
that the decision making official appear in the UN
an order -- as took place
in March -- Ban appears to align himself
for example with Omar al-Bashir, who seeks to argue around the
International Criminal Court's indictment without even appearing once
before the ICC in The Hague.
is interesting,” Ms. O'Brien replied, but noticed that the ICC is
criminal while the UNDT is administrative. But to many the principle
is no different: by refusing to even appear, the rule of law is
harmed. Bashir is fine with that. But why is Ban?
words like “suspensatory” impact, and cited one example where a
senior UN official appeared by video conference to the Tribunal in
Nairobi. But what happened in March, before now-gone Judge Adams? Why
has Ban been criticized, first exclusively by Inner City Press in the Shaaban
Shaaban case, then by the Post and Times, for undermining the UN's
Ms. O'Brien, Angela Kane and Terekhov, Ban's
appearance not shown
director of the
Tribunals Andei Terekhov argued that the New York staff like the
system, as proved
by the SMCC. But the New York Staff Union doesn't participate in the
SMCC, as after an Inner City Press follow up he acknowledged. Sitting
in the front row was the human resources official who had tried to
divide and conquer the union. There was no time to follow up.
Management tried to dodge the question of whether the closure on two
days notice of the UN after-school program had been her decision. The
decision was necessary, she said, while it is being reconsidered. But
did you make it? The answer appears to be yes.
the UN justice briefing, the chief of staff of the President of
the General Assembly told the Press that the Gender Entity is formed.
It will be voted on on Friday. We'll be there: Watch this site.
* * *
Refuses Summons in Bertucci Case, of Contempt and Rule of Law
March 11 -- After UN Secretary General Ban Ki-moon has taken
credit for the UN's new internal justice system, his administration
has begun refusing to comply with and reflexively appealing orders,
show as one judge puts it "contempt."
longstanding Bertucci v. United
Nations case comes to a head, Judge
Adams ruled that the UN
within twenty-four hours to supply the name and contact
details of the officer who made the decision to disobey theorder made
by the Tribunal to produce the documents identified in the Tribunal's
ruling in Bertucci."
March 9 he
ordered that the UN official who ordered non-compliance with a
previous order of his in the case should appear before him at 10 a.m.
on March 10.
before that, the Secretary General's representative informed Judge
Adams that the summoned official would not, in fact, appear. As
reflected by the order
issued, further inquiry by Judge Adams led
to the conclusion that the UN's lawyer before him either did not or
could not find out who the official was, after asking the "bosses."
UN's Ban and his lawyer Patricia O'Brien: neither
Judge Adams' order
to obey the Tribunal's Order is a brazen attack upon the rule
of law embodied in the Tribunal and cannot be disregarded. In other
jurisdictions, serious personal penalties would apply to officials
who willfully disobeyed the order of a court. That sanction is not.
available to the Tribunal except through misconduct proceedings. It
follows therefore that the Tribunal must use other means of enforcing
the jurisdiction which has been entrusted to it by the General
Assembly under the Charter and pursuant to its Statute."
Inner City Press
previously exclusively reported, the Ban Ki-moon administration also
refused to produce Under Secretary General Shaaban Shaaban when
summoned by Judge Adams. When Inner City Press asked Ban's spokesman
about the case, the response was that the orders would be appealed,
and that no basis for appeal needed to be states. And this is the
rule of law?
* * *
In Disarray as USG Shaaban Refuses to Appear, Ban Ki-moon Will
Order Urging Review
February 23 -- The UN's new justice system is already frayed
and exposed, as Secretary General Ban Ki-moon reflexively appeals
from orders urging him to review the actions of his Under Secretary
General Shaaban Shaaban.
Inner City Press reported
on and asked about a UN Dispute Tribunal
decision which slammed Shaaban Shaaban and questioned whether he
should be ordered to pay $20,000 damages personally. When asked, Mr.
Ban's spokesman Martin Nesirky said that Ban would appeal. When
Inner City Press asked "appeal what" and "appeal on
what basis," Nesirky said that needn't be answered.
has issued a second order,
Shaaban Shaaban refused to appear at
his February 3 hearing. Adams writes that "the interests of the
Secretary-General as chief executive officer of the Organization
plainly conflicted with those of Mr Shaaban. It seems to me
self-evident that it was inappropriate for a lawyer from the Office
of Legal Affairs to advise Mr Shaaban about what he ought to do in
order to avoid the step that triggered the Secretary-General's duty."
UN's Ban and his USGs (Shaaban 2d from left),
conflicts of interests not shown
so at the
February 23 noon briefing, Inner City Press asked Mr. Nesirky:
Press: in this case it is the Shaaban Shaaban case, Abboud v.
Secretary-General. I understand yesterday, earlier you’d said an
earlier ruling was going to be appealed. Maybe you could say if it’s
been appealed, but yesterday Judge Adams ruled saying that the
respondent, i.e. the Secretary-General, is to appoint an official of
at least the rank of Under-Secretary-General other than Mr. Shaaban
to consider afresh the complaints of the applicant. And what I am
wondering is that, is this something that the Secretary-General is
going to do, even pending appeal of I guess the findings against Mr.
Shaaban. This seems like… This is the judge yesterday has asked
and he talked about “as a matter of courtesy”. Is this also
going to be appealed, so that no one other than Mr. Shaaban will
consider the applicant’s case?
don’t know the answer to that, but I am sure I can find out. All
right, other questions? No?
later reiterated that the Organization has determined
that an appeal of the Abboud judgment would be appropriate and would
Adams' second decision, which Inner City Press is putting online here,
it is difficult not to conclude that Ban Ki-moon is undermining the
justice system he claimed was an improvement. We will contineu to
follow this case.
Footnote: at a
recent UNDP hearing, counsel joked that Adams may in fact stay on past
June, given the backlog of cases. There is talk of building a new UN
court room in the so called Teachers' (TIA-CREF) building on Third
Avenue, where the UNDP will rent space. But as set forth above, the
"new" system appears broken.
* * *
Rules Egyptian Official "Not Concerned With Truth,"
May Pay $20,000
February 2 -- In a little noticed proceeding in the basement
of the UN's near empty headquarters building, the Under Secretary
General in charge of General Assembly and Conference Management,
Egypt's Shaaban Shaaban, is being lambasted by a UN Dispute Tribunal
a hearing last
week at which Inner City Press was the only media present, UN Judge
Adams demanded to know which UN lawyer was communicating with Shaaban
Shaaban. A new hearing was set for this coming week.
Later in the
hallway, Inner City Press asked Shaaban Shaaban about the case. He
smiled and said, as his chief of staff earlier had, that it is still
in the UN court, still "sub judice."
and statements in Judge Adams written decision -- which Inner City
Press is putting
here -- are scathing,
including for example that
“I do not go so
far, I should say in fairness, as to conclude that he [USG Shaaban]
was actively dishonest...I am left with the powerful impression that
he was not concerned to tell the the truth…”, “…the proper
performance by Mr. Shaaban of his duties was adversely affected by
affronted self-importance”, or “Incompetence is an alternative
explanation, but I saw no evidence of this”
which should have been but was not as of late January put on the UN's
website, contemplates a referral to Secretary General Ban Ki-moon for
UN's Ban and Shaaban Shaaban, accountability not yet
It orders a
review on whether Shaaban should be held
personally accountable for the financial damages: whether Shaaban's
paycheck gets docked for the $20,000 being awarded. Shaaban Shaaban
is the highest ranking Egyptian in the UN system. A cynic asked Inner
City Press, how will they make this one go away? Watch this site.
for an Inner City Press YouTube channel video, mostly UN Headquarters
footage, about civilian
in Sri Lanka.
Click here for Inner City
Press' March 27 UN debate
Click here for Inner City
Press March 12 UN (and AIG
Click here for Inner City
Press' Feb 26 UN debate
debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56
Click here for Inner City Press' Jan.
16, 2009 debate about Gaza
Click here for Inner City Press'
review-of-2008 UN Top Ten debate
Click here for Inner
City Press' December 24 debate on UN budget, Niger
Click here from Inner City Press'
December 12 debate on UN double standards
Click here for Inner
City Press' November 25 debate on Somalia, politics
and this October 17 debate, on
Security Council and Obama and the UN.
* * *
usually also available through Google
News and on Lexis-Nexis.
for a Reuters
AlertNet piece by this correspondent
about Uganda's Lord's Resistance Army. Click
for an earlier Reuters AlertNet piece about the Somali
Reconciliation Congress, and the UN's $200,000 contribution from an
undefined trust fund. Video
S-453A, UN, NY 10017
Inner City Press are listed here,
and some are available
in the ProQuest service, and now on Lexis-Nexis.
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