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UNODC: Dr.
WALTER GEHR
10 December 2011
UNJustice expresses deep concern regarding information received
about Dr. Walter Gehr, a highly-esteemed lawyer currently
serving as Senior Legal Advisor in the Terrorism Prevention
Branch at the UNODC - the United Nations Office on Drugs and
Crime in Vienna.
Dr. Gehr has reportedly been the victim of a hostile working
environment and consequently marginalized by his supervisors. A
lack of transparency in the decision-making process, abuse of
power and unfair reclassification of post are at the heart of
much of the concern and dissatisfaction expressed to us
regarding this case.
Grave concern is also expressed that the Administration did not
follow up on Dr. Gehr's report of misconduct, and the Ethics
Office did not reply for ten months to his allegations of
retaliation.
According to information on this case, UNODC unjustifiably
attempted to stop Dr. Gehr from exercising his right to rebuttal
with regard to assessment of his work by his supervisors and
delayed the process of rebuttal for more than 8 months.
This is especially troubling since, on 18 October 2011, the UNDT
ruled in favour of Dr. Gehr by finding that the classification
process and decision regarding his post "are unlawful and the
application must succeed".
A
recent report by the United Nations Joint Inspection Unit,
Review of Management and Administration in the UNODC, had
already highlighted a number of problematic issues with the
organizational restructuring of the Office:
"The Inspectors also received comments from staff expressing
concerns on a constant restructuring pattern at UNODC. The
reasons for organizational restructuring are not always obvious
for staff and not clearly communicated to them. Some
interviewees strongly questioned the rationale for the
administrative changes, stressing their impression of the
realization of a personal agenda above the organization's
benefit, in some cases", JIU/REP/2010/10 - para. 67.
UNJustice regrets that this case was brought to the attention of
several bodies of the informal justice system of the
Organization, but it has not been possible to find a solution
and the dispute is now pending before the UN Tribunals in
multiple proceedings.
UNJustice notes that every employer should ensure fair and
favourable conditions of work to all its employees, without
discrimination.
Therefore, in accordance with human rights standards, UNJustice
calls on the UN Administration to properly investigate and
adjudicate Dr. Gehr's complaints as it should as a model
employer.
Please take action to demand that the United Nations
Organization issues the instructions necessary to guarantee that
all complaints of harassment and retaliation by UN personnel are
fairly investigated and adjudicated, included that made by Dr.
Walter Gehr of UNODC.
Related
information:
UNDT/2011/178 (Gehr)
The record of a
UNDT hearing concerning Dr. Gehr' case can be downloaded via
https://files.me.com/waltergehr/d2x34p.mov
.
Meeting of Dr. Walter
Gehr with an Officer in the Human Resources Management Services,
held on 10 June 2011 at the UNODC (Excerpt)
Officer HR: Yes there is
a justice system. Every justice systems creates all kinds of
problems, as you know ...Justice in human relationships does not
exist in principle ...If you are agnostic, you are talking a different language.
WG: I am not going down this path. I want a justice in this
world, I think I have been
severely wronged.
U.S. Mission to Dr.
Walter Gehr -letter, 2 October 2002-
 Update:
3 January 2012
By a judgment dated
14 December 2011, the UNDT found
that Dr. Gehr "was provided with no less than five different
versions of his performance appraisal, which highlights the lack
of rigour and diligence displayed by the Administration".
UNDT/2011/211 (Gehr)
Update:
27 February 2012
The UNAT has rejected the Appellant’s motions for leave to file
additional pleadings.
Gehr (Appellant) v.
Secretary-General of the United Nations (Respondent)
ORDER No. 78 (2012)
Updates
& News,
Whistleblower Dr. Walter Gehr writes about
the roots of his case
(News 28 February 2012)
Updates
& News,
A tragi-commedy: Dr Gehr's right to rebut
his performance appraisal
(News 19 March 2012)
Update: 27
March 2012
The
Human Resources Management Service
at UNODC has informed Dr. Gehr that the rebuttal panel has
recommended to maintain the Performance Appraisal (PAS) rating
for the 2009/2010 year. Dr. Gehr doesn't believe that this
evaluation correctly reflects his performance
and achievements.
"The appraisals were supposed to be finalized without delay. The
United Nations Dispute Tribunal has already underlined my right
to seek compensation for the delay in finalising the process
which I will of course continue to exercise", the former UNODC
staffer told UNJustice.
Update: 11
April
2012
Gehr v. Secretary-General of the United Nations: the parties
have received a notice from the UNDT advising them the
application has been listed for a directions hearing on
Wednesday, 18 April 2012 at 10.30 a.m. (Geneva time).
Gehr (Appellant) v.
Secretary-General of the United Nations (Respondent)
ORDER No. 67 (GVA/2012)
Update: 1
June 2012
By three judgments dated 10 May 2012, the UNDT has dismissed as
irreceivable Dr. Gehr's complaints against: a) a decision by the
UN Ethics Office not to respond to his allegations of
retaliation; b) a decision by the UN Assistant Secretary-General
for Human Resources Management not to conduct a fact-finding
investigation following his report of harassment; c) the UNDOC
Administration's failure to conduct a rebuttal process in
relation to his 2010-2011performance appraisal in accordance
with applicable rules.
Dr. Gher has appealed the judgments to the UNAT claiming that
"his case is one of those through which the Ethics Office of the
UN makes a mockery of itself."
The UNDT in Nairobi has recently found UNODC to be in contempt
of the Tribunal for flouting one of its previous judgments (Diop,
UNDT/2012/075).
Gehr v. Secretary-General
of the United Nations, UNDT/2012/69
Gehr v. Secretary-General
of the United Nations, UNDT/2012/70
Gehr v. Secretary-General
of the United Nations, UNDT/2012/71
Update: 13
June 2012
By an order dated 11 june 2012, the United Nations Appeals
Tribunal (UNAT) has decided to hold that an oral hearing
shall be held at the United Nations Office at Geneva, Courtroom
S. 5-7, Door S. 1, on Monday, 25 June 2012, at 3:30 p.m. . That
may change with a motion introduced by Dr. Gehr to request to
hold the hearing by electronic means in accordance with Article
18 of UNAT’s Rules of procedure.
As Dr. Gehr has explained to the Court "In order to be present in
person at the hearing, the Appellant would have to travel from
Vienna, Austria, to Geneva, Switzerland. Since the Respondent
did not extend the Appellant’s contract, the latter would have
to spend more than a quarter of his disposable monthly income to
travel to Geneva...Like in the case of previous hearings by the
United Nations Dispute Tribunal, the Appellant could participate
in the hearing through videoconference facilities provided by
the Respondent at the United Nations headquarters in Vienna.
Consequently, the Appellant would therefore grateful, if the UNAT could order the Respondent to put these videoconference
facilities at the disposal of the Appellant. Independently of
whether the UNAT grants this request, the Appellant would be
grateful, if the UNAT could order the hearing to be
retransmitted by audio and/or videostream to the monitors and/or
phones of the UN staff at the Vienna International Centre so
that the hearing be public not only in law but also in
practice...The European Court of Human Rights offers webcasts of
its hearings, too. As far as UN jurisdictions are concerned,
this principle is applied by the International Criminal Court
[cf. Court Regulation 21(1)]".
Update: 15
June 2012
On behalf of the Secretary-General, the UN Office of Legal
Affairs has replied to Dr. Gehr's request to the UN Appeals
Tribunal to hold an oral hearing by electronic means arguing
that it is not the responsibility of one party to facilitate the
appearance of the other and
that it would be sufficient for the Appellant
to participate in the hearing via telephone or other
electronic means (e.g. Skype).
Meanwhile, the set-up of two rebuttal panels to review Dr.
Gehr's performance appraisals for the years 2010 and 2011
has not been finalized yet because three senior UN officials
decided to recuse themselves.
Update: 21
June
2012
Dr. Gehr's will
participate in the oral hearing of his case before
the United Nations Appeals Tribunal
via electronic means only because
by
an order dated 20 June 2012, the
court has denied
Dr. Gehr’s request that the Organization ensure his
participation via video-link from the United Nations Office at
Vienna and the hearing be retransmitted by audio- and/or
video-stream to the monitors and/or phones of the staff in
Vienna. The public hearing will be held at the United Nations
Office at Geneva on Monday, 25 June 2012, at 3:30 p.m..
Update: 28
June
2012
Positive development: by its Judgment
No.: UNDT/2012/095, of
27 June 2012,
the United Nations Appeals
Tribunal has found that the Organization failed to
address Dr. Gehr's complaints of abuse of authority
and awarded compensation
for moral injury of
US $3.000.
UNJustice
pays the
highest compliments to
Dr. Gehr, who has already been
recognized
as an example for other staff on
the UN
careers Website,
for his determination and
ability to advocate the
rule of law as the best defense against abuses.
Updates
& News,
US $3.000 in damages,
by
Erich Nuler,
Heute (News 3 July 2012)
Updates
& News,
Failure of
leadership in protecting whistleblowers at the United Nations
has led to a request for disciplinary action against the head of
the UN Ethics Office,
(News 2 August 2012)
Updates
& News,
As the judgment awarding Dr. Gehr $ 3.000 has become executable,
the tabloid Heute has published
another article about this case
,
by
Erich Nuler,
Heute (News 4 September 2012)
Updates
& News,
UNAT awards USD 10,000 to Dr. Gehr because his treatment “offended a basic tenet of justice”,
(News 7 November 2012)
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