Disclosure of evidence (151,-666)
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Keywords: Disclosure of evidence
Total judgments found: 190
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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 He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him.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 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."
Keywords:
appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."
Keywords:
disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;
Consideration 4
Extract:
Applicable even when not laid out in a specific text, the right to be heard "implies that every official shall have the opportunity of consulting the documents needed to defend his legitimate interests."
Keywords:
consequence; disclosure of evidence; general principle; no provision; right to reply;
Consideration 5
Extract:
The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."
Keywords:
case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
Judgment 87
15th Session, 1965
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."
Keywords:
adversarial proceedings; closure of written proceedings; disclosure of evidence; receivability of the complaint; refusal; time limit; tribunal;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The interveners submitted a document on 2 April. On 10 April the judgment was delivered, after the public hearing of 6 April. Applications to intervene may be made at any stage; "that does not necessarily mean that interveners are entitled to invoke up to the day of the proceedings any facts, evidence and new documents. [The material document] deals solely with points of law and raises no new points. Consequently [...] the organisation, [which] learned of this legal opinion three days before the oral proceedings began, has been able usefully to discuss the arguments and the conclusions. The [adversarial] procedure has thus been [followed]".
Reference(s)
ILOAT Judgment(s): 61
Keywords:
adversarial proceedings; disclosure of evidence; intervention; oral proceedings; receivability of the complaint; time limit;
Judgment 69
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.
Keywords:
disclosure of evidence; flaw; probation report; procedural flaw; right to reply;
Judgment 66
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The production of monthly reports by the complainant, the contents of which are not disputed, would serve no useful purpose. "On the other hand, the Tribunal requested the organization to produce the general reports submitted by the complainant" and a paper prepared by two other persons. The complainant "was invited to view and identify these documents before the registrar and in the presence of the agent of the organization."
Keywords:
disclosure of evidence; publication; request by a party; tribunal;
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;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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