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External sources (not reviewed)

Robust, accurate and irrefutable evidence must be presented before a court of law to prove this very serious charge.

[...] [...] mission found no conclusive evidence of [...]

There is also a well documented relationship between the illicit trade in small arms and terrorism and other acts of organized crime.

Waivers will only be granted for exceptional, substantiated reasons, for example, where the consultant’s services are unique; where the consultant is the only available source of the required expertise at acceptable levels of quality and cost; or in emergency situations (e.g. post-conflict, post-disaster), where time is often critical and the search for three candidates would negatively impact on service delivery.

These communications take the form of “allegation letters” or “urgent action” letters, which typically set out alleged facts, analyse the applicable international law, seek clarification from the relevant Government on the accuracy of the allegations, and call upon the Government to take particular actions to reduce killings or impunity.

Noting with concern measures that can undermine human rights and the rule of law, such as the detention of persons suspected of acts of terrorism in the absence of a legal basis for detention and due process guarantees, the deprivation of liberty that amounts to placing a detained person outside the protection of the law, the trial of suspects without fundamental judicial guarantees, the illegal deprivation of liberty and transfer of individuals suspected of terrorist activities, and the return of suspects to countries without individual assessment of the risk of there being substantial grounds for believing that they would be in danger of subjection to torture, and limitations to effective scrutiny of counter-terrorism measures

Several speakers insisted on the need for continuous monitoring and evidence-based reports, including through the Global Monitoring Report (GMR) to inform policy dialogue and decision-making.

In paragraph 66 of his previous report on the activities of the Ethics Office (A/64/316), the Secretary-General identified a serious lacuna in the Organization’s policy of protection against retaliation arising out of a case of prima facie retaliation referred to OIOS for investigation, which OIOS declined to investigate.

Therefore, on the basis of the evidence before him, the judge‟s decision in finding the author guilty of having committed an administrative offence was well-founded.

In cases where a prima facie case of retaliation or threat of retaliation has been found by the organization’s ethics office and the internal oversight office declines to undertake the investigation, the executive head, or the head of the ethics office, should refer the matter to the Joint Inspection Unit for investigation.

5.1 The complainants recall that at the time of submission, they had stated that domestic remedies were not yet exhausted, however they reiterate that they do not consider the available domestic remedies to be effective and that extradition may occur in practice any time before the exhaustion of domestic remedies, despite a well-founded risk of torture.

Field studies should focus on countries for which concrete cases of illegal trade had been reported and it was noted that most of them were situated in Asia.

It is understood, however, that such refusals must be supported by evidence or concurrent reports from reliable, official sources rather than being based on mere suspicion.

[...] [...] deemed to provide firm evidence as to [...]

[...] [...] dangerous without concrete evidence; rather, [...] [...]

There is no firm evidence to support the claims that testing boosts standards of achievement.

The term “an alien otherwise in need of protection” has been exemplified previously, but it might be added that it also includes a person who needs protection because of external or internal armed conflict or, because of other severe conflicts in the country of origin, feels a well-founded fear of being subjected to serious abuse.

Scientific data conclusively shows broad [...]

(i) To refrain from returning persons, including in cases related to terrorism, to their countries of origin or to a third State whenever such transfer would be contrary to their obligations under international law, in particular international human rights, humanitarian and refugee law, including in cases where there are substantial grounds for believing that they would be in danger of subjection to torture, or where their life or freedom would be threatened in violation of international refugee law on account of their race, religion, nationality, membership of a particular social group or political opinion, bearing in mind obligations that States may have to prosecute individuals not returned

The Ethics Officer did not find a prima facie case of retaliation in that case, and thus it was not referred for investigation.

[...] [...] be supported by conclusive scientific evidence.

In the absence of any further detailed and documented information in support of these allegations, the Committee considered that this part of the communication was insufficiently substantiated, for purposes of admissibility, and was therefore inadmissible under article 2 of the Optional Protocol.

[...] technology that we unerringly fail to notice.

Secondly, there was clear evidence that [...] [...]

[...] the Office determines that there [...] [...]

Moreover, the document registered may have to be checked by the registry staff at least to the extent that the legal consequence of registration may be conclusive or presumptive evidence of the existence of a right in intellectual property.

[...] [...] preliminary review to determine whether a prima [...]

This has been challenging, for there is often limited or inconclusive evidence, but our Secretariat, extensive consultations, and the papers we commissioned, helped us in identifying the available evidence, which we then carefully evaluated.

UNDP will consider the policy guidance of the United Nations Ethics Committee regarding the recommendation that the JIU serve as an alternative avenue for investigating prima facie cases of retaliation (in the event that the internal oversight office has declined to undertake such investigations).