2024-Ģ��ƵAT-1495-Corr.1

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the Ģ��ƵDT issued the first Order. The Ģ��ƵAT held that this was not grounds to grant the interlocutory appeal, because ABA��s arguments were heard by the Ģ��ƵDT when he filed his motion for reconsideration.

The Ģ��ƵAT held that the Ģ��ƵDT did not exceed its competence or jurisdiction when it issued these case management orders. The Ģ��ƵAT was also not persuaded by ABA��s argument that the violation of his due process rights was irreparable if this issue was not resolved now. The Ģ��ƵAT held that the Ģ��ƵDT��s refusal to permit ABA to participate in the hearing while V01 was testifying could not be considered irremediable, because the Ģ��ƵAT routinely reviews Ģ��ƵDT judgments that contain claims of procedural unfairness.

The Ģ��ƵAT held that the interlocutory appeal was not receivable.

Decision Contested or Judgment/Order Appealed

In Order No. 54 (GVA/2024), the Ģ��ƵDT approved several measures to protect the anonymity and well-being of the victim (V01) at a planned hearing on a staff member��s (ABA��s) challenge to a disciplinary measure for alleged sexual harassment. In Order No. 56 (GVA/2024), the Ģ��ƵDT denied the staff member��s motion for reconsideration.

ABA subsequently filed an interlocutory appeal with the Ģ��ƵAT of portions of both Orders, contesting the protective measures, which would exclude his presence from the hearing when V01 was testifying.

Legal Principle(s)

Most interlocutory decisions will not be receivable, for instance, decisions on matters of evidence, procedure and trial conduct.

An appealable interlocutory order is rare and exceptional.

An interlocutory appeal is receivable in cases where the Ģ��ƵDT has clearly exceeded its jurisdiction or competence.

Where an error by the Ģ��ƵDT is effectively irremediable by an appeal of a final Ģ��ƵDT judgment and it would be manifestly unreasonable for the Ģ��ƵDT order to remain in effect, such interlocutory appeals of orders may be receivable.

Outcome

Ģ��ƵAMA

Outcome Extra Text

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

ABA

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement