After UNSG Guterres Ordered
Press To Destroy Proof of Sex Abuse Appeals
Panel Slams Lifetime Ban
By Matthew
Russell Lee, Patreon Appeal Order
BBC
- Guardian
UK - Honduras
- ESPN
UN GATE, Jan 1 –
How corrupt and unaccountable
is today's United Nations?
Well, while the
UN claims to be against sexual
harassment and for
accountability and press
freedom, under Secretary
General Antonio Guterres it
ordered banned Inner City
Press which reported on an
ostensibly public UN Dispute
Tribunal proceeding about
harassment to destroy the
evidence or be banned, a
second time, from all
proceedings, even virtual.
Then when
Inner City Press appealed to
the UN Appeal Tribunal, the
time to decide was extended, a
proceeding held in secret and
a one line denial issued:
"2020-1502
Matthew Russell Lee against
Secretary-General of the
United Nations Appeal not
receivable and dismissed."
No
reasoning was given, no
opportunity to be heard. Inner
City Press will be asking for
the reasoning, first from
Guterres and his spokespeople
Stephane Dujarric, Farhan Haq,
Eri Kaneko, Stephanie Tremblay
and Florencia Soto Nino, then
if necessary from the Appeals
Tribunal judges themselves.
Inner
City Press was
ordered to
destroy
evidence of
who-done-it,
even the UNDT
has found
Padula guilty
- but has
insisted that
he be
anonymized,
that is,
covered up
for. The
shameful order
is here,
and recites
for example
that the
person -
Padula -
covered up for
.“grabbed [AA’s]
face, held her closely, leaned
forward and attempted to kiss
her”; b. “when [AA] resisted
[the Applicant] kissing her,
[he] forced [AA’s] head down
and kissed her on the
forehead”; c. “grabbed
[BB’s] face, held her closely,
leaned forward and attempted
to kiss her”; d. “tried to
move physically close to [AA]
and [BB] while dancing,
despite their attempts to keep
[him] at a distance”; e.
“attempted to grab [CC’s]
face; when she blocked her
face with her hands, [the
Applicant] grabbed her hands
and tried to pull them apart;
when she resisted, [he] fell
on her forcefully”; and f.
“took and pulled [CC’s] hands
to try to get her to dance,
despite her resistance”.
But in
Guterres' UN they do not want
the public to know who did
this - and the Press which
exclusively published and name
and evidence is banned and its
written questions not
answered. On the morning of
February 4, 12 hours before
publishing this when no answer
was received from Guterres,
Dujarric, Fleming, Amina J.
Mohammed et al., Inner City
Press in writing asked this:
"what are SG Guterres comments
and more importantly action on
the UN Dispute Tribunal on Feb
3 confirming sexual charges
against Padula - while having
told Inner City Press to
destroy all evidence or remain
bannned, and maintaining
Padula's name sealed,
confirming the cover-up
culture under Guterres?"
The UN
claims it has to protect the
identity of Padula (and will
NOT report him to NYPD for any
criminal offense) because they
have to protect the identity
of the VICTIMS - it's like
Guterres' rationale for
covering up genocide and mass
killing, for example in
Cameroon.
Inner City
Press is even banned from
submitting questions by WebEx,
on which the International
Monetary Fund for example
answers its questions, as it
did on February 4 about the
Burma coup, on on November 4,
2021 about Ethiopia. The only
difference is Guterres and his
corruption.
On December 21
Inner City
Press filed a
formal appeal
with the UN
Appeals
Tribunal, full
filing here
on
DocumentCloud.
In
late January
2021 Guterres'
long time
Portuguese
lawyer Miguel
de Serpa
Soares
responded,
that Guterers
is not waiving
immunity,
impunity
response on
Document Cloud
here.
Impunity.
On the
morning of January 26 Inner
City Press emailed Guterres
and his spokespeople this
question: "
Given that the
UNDT order
destruction of
evidence
concerning
sexual
harassment
inside the UN,
why is SG
Guterres not
waiving
immunity?" No answer,
still.
Then
this:
"2020-1502
Matthew
Russell Lee
against
Secretary-General
of the United
Nations Appeal
not receivable
and
dismissed."
Right
before the end
of 2021, the
full decision,
by a full (7
judge) panel,
with a dissent, now on
Inner City
Press'
DocumentCloud, here.
The
cover-up position
of Antonio
Guterres is
recited: "The
Secretary-General
submits Mr.
Lee is not a
staff member
of the United
Nations
nor a party in
the Underlying
Case. As such,
the appeal of
the Contested
Orders is a
matter
between the
UNDT and Mr.
Lee. 22.
The
Secretary-General,
however, notes
the protection
of witnesses
and
participants
in
proceedings as
well as the
respect for
the tribunal’s
orders are of
utmost
importance.
Citing
Article 19 of
the Dispute
Tribunal Rules
of Procedure
(UNDT Rules)
and Nartey,
5
the
Secretary-General
accepts that
the UNDT has
the authority
to issue the
Contested
Orders.
23. Finally,
in regards to
Mr. Lee’s
request that
the UNAT
directs the
Secretary-General
to waive
the immunity
of Judge Adda
so he can
bring an
action against
her in
domestic
courts,
the Respondent
notes that
issues
relating to
the immunity
of United
Nations
officials
are
policy
decisions of
the
Secretary-General,
which are not
justiciable."
From
the dissent
of Judge
Colgan, Auckland,
New Zealand, Judge
Sandhu, Vancouver,
Canada and
Judge Neven, Brussels,
Belgium: "In
addition to
not being
entitled to
use it
as a sanction
for contempt
against Mr.
Lee for
reasons set
out by us
above, we do
not
consider that
the UNDT can
otherwise ban
his attendance
at hearings
indefinitely
and in
blanket
fashion.
Accepting that
closing
hearings of
proceedings
may arguably
include
closing
them
selectively to
certain
persons,
exceptional
circumstances
will be
required for
such an
order to be
made, and on a
case-by-case
basis." But Guterres
has created
a lifetime ban
on Inner City
Press, at
least since 3
July 2018,
with no answer
by Melissa Fleming
even to the
polite letter
from the Quinn
Emanuel
law firm
seeking to
begin a dialog to get
Inner City
Press back in.
Even
the decision
of Judge
Halfeld,
Presiding,
Juiz de
Fora, Brazil,
Judge Murphy, Cape
Town, South
Africa, Judge
Raikos, Athens,
Greece
and Judge
Knierim, Hamburg,
Germanyconcludes:
"insofar as
Mr. Lee may or
may not have a
legitimate
grievance,
redress
does not
lie in the
hands of the
Appeals
Tribunal. To
the extent
that the
problem may
require a
remedy, it is
best left to
the
General
Assembly. "We'll
have more on
this.
Inner City
Press' timely appeal was
"deferred" from Guterres'
kangaroo Appeals Tribunal,
until October 2021, while his
Melissa Fleming refuses to
answer even a major US law
firm - this is impunity, see
below.
This
UN report complained, "15. During the
reporting period, the holding
of public hearings remotely
raised its own set of
difficulties. The registries
experienced difficulties in
controlling the access to the
virtual public gallery, which
is not problematic in the
physical courtroom. It is also
more difficult to control
whether the public abide by
the Tribunal’s instructions,
in particular the prohibition
of recording the hearing." No,
UN staff disgusted with
Guterres' cover ups leak.
Here's a few more
of the decisions just
announced, North Korea style:
2020-1467 Archana
Patkar against
Secretary-General of the
United Nations Appeal
dismissed. UNDT Judgment
affirmed.
2020-1469 Thania
Kamil Al Shalchi against
United Nations Joint Staff
Pension Board Appeal
dismissed. Decision of the
Standing Committee of the
UNJSPB affirmed.
2020-1477 Ahmad
Shuaib Payenda against
Secretary-General of the
United Nations Appeal
dismissed. UNDT Judgment
affirmed.
2020-1478
Secretary-General of the
United Nations against Ali
Khamis Appeal dismissed. UNDT
Judgment affirmed.
2020-1479 Nshuti
Samuel Rugerinyange against
Secretary-General of the
United Nations Appeal
dismissed. UNDT Judgment
affirmed.
2020-1480 Hussam
Abd Al Rahman Aldirawi against
Commissioner-General of the
United Nations Relief and
Works Agency for Palestine
Refugees in the Near East
Appeal dismissed. UNRWA DT
Judgment affirmed.
The deferral:
"The June 2021 Synopsis file
of UNAT judgments was published.
They heard only 32 appeals,
and the last appeal number
heard in the session was 1468.
So Inner City Press'
appeal number 1502 won't be
considered at a minimum until
the late October 2021
session. The
current estimated time from
submitting an appeal to being
considered is almost one
year. Speedy
justice? The Guterres
Administration knows and
exploits this. A typical
UNDT case takes at least 18
months and then the appeals
process takes at least a
year. Hence why
the Administration appeal
every successful UNDT
judgement by a staff member,
it costs them nothing, while
it costs the staff member
plenty, as well as delaying
any justice they may end up
getting, which is usually
little. Guterres' UN is
corrupt - and cannot be
allowed to continue banning
the Press which reported on
it.
We will have
more, including listing more
of those complicit in the UN's
cover up of abuse. Watch this
site.
***
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