INTERNATICOURT OF JUSTICE
PLEADINGS, ORAL ARGUMENTS, DOCUMENTS
APPLICATION FOR REVIEW OF
JUDGEMENT No.158 OF THE
UNITED NATIONS
ADMINISTRATIVE TRIBUNAL
COUR INTERNATDE JUSTICE
MÉMOIRES, PLAIDOIRlES ET DOCUMENTS
DEMANDE DE RÉFORMATION
DU JUGEMENT N° 158
DU TRIBUNAL ADMINISTRATIF
DES NATIONS UNIES Abbreviated reference:
/.C.J.Pleadings, Application for Review of Judgement No. 158 of
the United Nations Administrative Tribunal
Référenceabrégée:
C.!.JMémoires,Demande de réformationdu jugement n° /58
du Tribunal administratif des Nations Unies
Sales number
No devente: 425-----------------····---
APPLICATION FOR REYIEW OF JUDGEMENT No. 158
OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL
DEMANDE DE RÉFORMATION DU JUGEMENT N° 158
OU TRIBUNAL ADMINISTRATIF DES NATIONS UNIES INTERNATICOURT OF JUSTICE
PLEADINGS, ORAL ARGUMENTS, DOCUMENTS
APPLICATION FOR REVIEW OF
JUDGEMENT No. 158 OF THE
UNITED NATIONS
ADMINISTRATIVE TRIBUNAL
COUR INTERNATDE JUSTICE
MÉMOIRES, PLAIDOIRlES ET DOCUMENTS
DEMANDE DE RÉFORMATION
DU JUGEMENT N° 158
DU TRIBUNAL ADMINISTRATIF
DES NATIONS UNIES The present volume reproduces the Request for opinion, the written state·
ments and cornments, and the correspondence in the case concerning the
Application for Review of Judgement No. 158 of the United Nations Admini·
strative Tribunal. This case, entered on the Court's General List on 28June 1972
under number 57, was the subject of an Advisory Opinion delivered on 12
July 1973 (Application for Review of Judgement No. 158 of the United Nations
Administrative Tribunal, Advisory Opinion, !.C.J. Reports 1973, p. 166). The
documents, and the appendices and attachments to the written statements, are
not reproduced.
With reference to certain passages in the texts reproduced, it should be
emphasized that the Court did not carry out a thorough study of the facts in
the case and that it has therefore made no pronouncement upon the correctness
of certain allegations.
The Hague, 1976.
Le présent volume reproduit la requête pour avis consultatif, les exposés
écrits et observations écrites et la correspondance concernant l'affaire de la
Demande de réformation du jugement n° 158 du Tribunal administratif des
Nations Unies. Cette affaire, inscrite au rôle généralde la Cour sous le n° 57 le
28juin 1972, a fait l'objet d'un avis consultatif rendu le 12juillet 1973(Demande
de réformation du jugement nD 158 du Tribunal administraiif des Nations Unies,
avis consultatif,C./.J. Recueil /973, p. J66). Les documents, appendices ou
piècesjointes ne sont pas reproduits.
Au sujet de quelques passages des textes reproduits, ilconvient de souligner
que, ne s'étantpas livrée à un examen approfondi des faits en l'espèce,la Cour
ne s'est pas prononcée sur le bien-fondé de certaines allégations.
La Haye, 1976. IX
CONTENTS-TABLE DES MATIÈRES
Page
Request for Advisory Opinion . . . . . . . . . . . . . . . . . .
1
The Secretary-General of the United Nations to the President of the
InternationalCourt of Justice . . . . . . . . . . . . . 3
Dossier transmitted by the Secretary-General of the United Nations
(Art. 65, para. 2, of the Statute) . . . . . . . . . . . 5
INTR0DUCTORY NOTE 7
Part J of the dossier. Documentation relating to the proceedings
leading to the request by the Committee on Applications for
Review of Administrative Tribunal Judgements for an advisory
opinion of the International Court of Justice in relation to Judge
ment No. 158 of the Administrative Tribunal . . . . . . . .. 8
A. Documents of the Tenth Session of the Committee on Appli
cations for Review of Administrative Tribunal Judgements. . 8
B. Other documents cited in or relevant to documents considered
by the Committee on Applicaüons for Review of Administra
tive Tribunal Judgements at its Tenth Session . . . . . . . . 8
Partl lof the dossier. Documentation relating to the formulation of
Article11 of the Statute of the Administrative Tribunal . . . . . 10
A. Documentation of the Ninth Session of the General Assembly . 10
B. Documentation of the Special Committee on Review of Ad
ministrative Tribunal Judgements . . . . . . . . . . . . 10
C. Documentation of the Tcnth Session of the General Assembly 11
CONTENTS OF THE DossJER 13
Written Statcment
WRITIEN STATEMENT SUBMITTED TO THE INTERNATIONAL COURT OF
JUSTICE ON BEHALF OF THE SECRETARY·ÛENERAL OF Ti--lE UNITED
NATIONS . • • • . . • • . 27
I. Background . . . . . 27
A. Summary of the facts 27
B. The previous proceedings 30
1. The Joint Appeals Board 30
(a) JAB Case No. 172 . 30
(b) JAB Case No. 181 . 32
2. The Administrative Tribunal: Case No. 144 33
3. The Committee on Applications for Review of Admini-
strative TribunalJudgements: Application No. 14. . . . 35
Il. Analysis of the questions addressed to the Court by the Com
mittee on Applications for Review of Administrative Tribunal
Judgements . . . . . . . . . . . . . . . . . . . . . . 36
A. Claim for damages in respect of professional reputation and
career prospects . . . . . . . . . · . . . . . . . . . . 37 •·
X APPLICATION FOR REVIEW
Page
l. Factual and legal issues . 37
2. Did the Tribunal exercise its jurisdiction with respect to
the claim for damages? . 40
(a) The Tribunal's decision with respect to the claim for
~~~ ~
(b) The Tribunal's obligation to award monetary com-
pensation . 41
J. Did the Tribunal commit any fundamental error in pro
cedure which has occasioned a failure of justice with
respect to the daim for damages? 42
(a) The Tribunal's procedure . 42
(b) The Tribunal's obligation to explain the basis on
which it fixes amounts of compensation to be paid 42
(c) The adequacy of the award 43
(d) Summary . 44
B. Claim for award of costs incurred in the previous proceedings 44
1. Factual and legal issues . 44
2. Did the Tribunal exercise its jurisdiction with respect to
the claim for costs? . 45
(a) The Tribunal's jurisdiction to award costs . 45
{b) The decision in the instant case . 46
3. Did the Tribunal commit any fundamental error in pro
cedure which has· occasioned a failure of justice with
respect to thedaim for costs? . 46
(a) The Tribunal's practice in awarding costs 46
{b) The factors in the instant case . 47
(c) Summary 48
C. Claim for recalculation of salary and allowances 48
1. Factual and legal issues . 48
2. Did the Tribunal exercise its jurisdiction with respect to
the daim for recalculation? 53
(a) The Tribunal's conclusions with respect to the daim
for recalculation . 53
(b) The correctness of the Tribunal's conclusions with
respect to the daim for recalculation . 53
(i) The Secretary-General's discretion in determi-
ning emoluments applicable to an assignment 53
(ii) The Secretary-General's obligation to recalculate
emoluments for a foreshortened assignment . 54
(c:)Summary . 54
3. Did the Tribunal commit any fundamental error in pro
cedure which has occasioned a failure of justice with
respect to the claim for recalculation? 55
Ill. Request for the award of costs . 56
A. Claims for costs 56
l. In connection with the application to the Committee on
Applications· for Review 56 CONTENTS XI
Page
2. In connection with the proŒeding before the Court 56
B. The Court's authority to award costs 56
IV. Conclusions . . . . . . . . . . . . 57
A. The nature of the review by the Court 57
B. Issues for review . . . . . . . . . 58
1. Failure to exercise jurisdiction . . 58
2. Fundamental errors in procedure . 59
3. Other issues . . . . . . . . . . 60
Annex. Analysis of allegations concerning Mr. Fasla's Periodic
Reports . . . . . . . . . . . . . . . 62
CoRRECTED STATEMENT OF THE YIEWS OF MR. MoHAMED FASLA
SUBMITTED TO THE }NTERNA'flONAL COURT OF JUSTICE BY THE SECRE-
TARY-ÜENERAL1 OF THE UNITED NATIONS 65
General background . 65
App\icant's arguments 70
Plea (d) 75
Plea (e} 83
Plea (!} 84
Plea (g) 84
Plea (h) 85
Plea (i) 86
Plea (j) 87
Plea (k) 88
Plea (/) 89
Plea (m) 89
Plea (n) 91
Plea {o) 93
Plea {p) 93
Plea (q) 94
Conclusions 97
List of Allachments to the corrected statemenl of the views of Mr.
Mohamed Fas/a . . . . . . . . . . . . . . 100
Written Comments
CoMMENTS ON BEHALF OF THE SECRETARY-ÜENERAL OF THE UNITED
NATIONS ON THE CORRECTED STATEMENT OF THE VIEWS OF MR.
MOHAMED FASLA SUBMITTED TO THE INTERNATIONAL COURT OF
JUSTICE • . . • • • • . • • . . . . 103
1. Nature of the review by the Court . . . . . . . 103
A. Scope of the review . . . . . . . . . . . . 103
B. Functions of the Court in the review process . 104
Il. Comments on substantive issues . . . . . . . 105
A. A po\icy question. . . . . . . . . . . . 105
B. Questions concerning the Tribunal's Statute 105
1. Interpretation of Article 9 (3) . . . . . 105
2. lnterpretation of Articles 10 (3) and \ \ (\} \OS
3. Function of the Tribunal !06
C. Factual questions . . . . . . . . 107XII APPLlCATJON FOR REVJEW
Page
III. Procedural issues . . . . . 107
A. Requests for documents . 107
1.Letter from Mr. Hagen !07
2. Correspondence with the Government of the Yemen Arab
Republic . . . . . . . . . . . . . . . . . . . . . I08
3. Evaluations of Mr. Fasla by Mr. Hagen . . . . . . . . 108
4. Report of a high-level investigation by UNDP of its pro
gramme in Yemen . . . . . . . . . . . . . . . . . I08
5. Dossier of correspondence with the Administrative
Tribunal . . . . . . . . . . . . . . . . . . . . . 109
6. Minutes of the Tribunal's consideration of Mr. Fasla's
appeal . . . . . . . . . . . . . I09
B. Certain objections by Mr. Fasla . . . . . . 109
l.Contents of the dossier of documents . . 109
2. Role of the General Legal Division vis-à-vis the Admini-
strative Tribunal . . . . . . . . . . . . 110
C. Request for oral hearings . . . . . . . . . . 1 IO
D. Publication of the statement of Mr. Fasla's views 110
1V. Summary and conclusions . . . . . . . . 111
Annex. Analysis of factual questions and of pleas . 113
A. Preliminary factual questions . . . . . . . 113
1. Mr. Fas!a's record of service . . . . . 113
2. Circumstances of Mr. Fasla's assignment to Yemen 114
3. Circumstances of Mr. Fasla's recall from Yemen. . 114
4. The timing of the decision to dispense with Mr. Fasla's
services . . . . . . . . . . . . . . . . . . . . . . . 115
5. Did UNDP take any punitive action against Mr. Fasla? . . 116
6. Was Mr. Fasla a victim of prejudice on the part of UNDP? . 117
7. Efforts to lind another post for Mr. Fasla . . 118
B. Comments on specific pleas . . . . . . . . . 119
1. Plea (d): Restoration of the status quo ante 119
(a) Legat issues . . . . . . . . . . . . 119
(b) Factual issues . . . . . . . . . . . 119
2. Plea (e); Correction and completion of Mr. Fasla's fact
sheet 121
3. Plea g): Further efforts to place Mr. Fasla 121
4. Plea (h) :Compensation for violation of rules concerning
periodic reports . 122
5. Plea (i): Compensation for failure to make an effort to
place Mr. Fasla . 122
6. Plea (j): Compensation for injury sustained by Mr.
Fasla as the result of prejudicc displaycd against him . . . 122
7. Pica {k): Compensation of one Yemeni rial for emotional
and moral suffcring . 125
8. Plea (/): Compensation for delay in disposing of JAB
CaseNo.172. 125
9. Plea (m): Reimbursement for legal costs 125 CONTENTS XIII
Page
10. Plea (n): Damage to professional reputation and career
prospects . . . . . . . . . . . . . . . . . . . . . 126
11. Plea (o): Compensation for delay in disposing of JAB
CaseNo.181 .................... 127
12. Plea(p): Recalculation of emoluments for foreshortened
stay in Yemen . . . . . . . . . . . . . . . . . . . \17
13. Plea (q): Placement of Mr. Fasla on special leave with
full pay . . . . . . . . . . . . . . . . . . . . . . 128
List of the Appendices ro the comments on beha/f of the Secretary
General of the United Nations . . . . . . . . . . . . . . . . 129
Note on the Appendices . . . . . . . . . . . . . . . . . . . 130
COMMENT$ EXPRESS!NG THE VIEWS OF MR. MOHAMED FASLA ON THE
WR1TIEN STATEMEN1' SuBMlTIED TO THE INTERNATIONAL COURT OF
JUSTICE ON BEHALF OF THE SECRETARY-GENERAL OF THE UNITED
NATIONS ..••.•.•.••.•.......•.•••. 131
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Part1. Scope of review embodied in questions addressed to the Court
by the Committee on Applications for Review of Administrative
Tribunal Judgements . . . . . . . . . . . . . . . . . . . . 135
Part II. The basis of fundamental injuries inflicted by the failure of
the UNDP, the Secretary-General, and the Administrative
Tribunal to discharge their legal obligations . . . . . . . . . . . 138
Part11/2.The obligation to secure a position for App\icant . . . . . . 139
Part11/3.The Tribunal's obligation to award monetary compensation 140
Part ll/4. The obligation of the Administrative Tribunal to explain
the basis for itsard of compensation . . . . . . . . . . . . . 146
Part 111.Claim to be reimbursed for costs incurred in proceedings 147
Part IV. Claim relating to recalculation of salary and allowances for
service in Yemen . . . . . . . . . . . . . . . . . . . . . .
149
Part V. Claim that the Court has authority to award costs ..... . 151
Part VI. The impingement of prejudice on the proceedings of the
Tribunal ..................... . 151
Part Vil. Conclusions . . . . . . . . . . . . . . . . . 152
List of Attachments to the comments expressing the views of Mr.
Mohamed Fas/a . . . . . . . . .
155
Personal Annex of Mr. Mohamed Fasla 156
Annex A to Part Il . . 156
Annex B to Part I1 164
Supplement to Part IV . 172
List of Attachments to the persona/ annex of Mr. Mohamed Fas/a 175
READING OF THE ADVISORY ÜPINION 177
CorrespOndence
Nos. 1-39 183REQUEST FOR ADVISORY OPINION 3
THE SECRETARY-GENERAL OF THE UNITED NATIONS
TO THE PRESIDENT OF THE INTERNATIONAL
COURT OF JUSTICE
28 June 1972.
l have the honour to refer to resolution 957 (X), adopted by the General
Assembly of the United Nations on 8 November 1955, whereby the Assembly
amended the Statute of the United Nations Administrative Tribunal to provide
a procedure for the review of the Tribunal's judgements. The same resolution
provided, inter alia, for the addition of a new Article 11 to the Tribunal's
Statute, whereby a Committee on Applications for Review of Administrative
Tribunal Judgements was established and, for the purpose of Article l1, was
authorized under paragraph 2 of Article96 of the Charter to request advisory
opinions of the International Court of Justice.
The tenth session of the Committee on Applications for Review of Admini
strative Tribunal Judgements was held at United Nations Headquarter.s from
8 to 20 June 1972. The purpose of the session was to consider an application
from Mr. Mohamed Fasla (document A/AC.86/R.59) for a review of Judge
ment No. 158, delivered by the United Nations Administrative Tribunal on
28 April 1972, in the case of Fas/av. the Secretary-General of the United Nations
(document AT/DEC/158). At a meeting on 20 June 1972, the Committee
adopted the formulation of certain questions on which the Committee had
decided to request an advisory opinion of the Court. This decision is recorded in
the report of the Committee on the work of its tenth session (document
A/AC.86/14).
The decision of the Committee reads as follows:
"The Committee on Applications for Review of Administrative Tri
bunal Judgements has decided that there is a substantial basis within the
meaning of Article 11 of the Statute of the Administrative Tribunal for
the application for the revicw of Administrative Tribunal Judgement
No. 158, delivered at Geneva on 28 April 1972.
Accordingly, the Committee requests an advisory opinion of the
International Court of Justice on the following questions:
1. Has the Tribunal failed to cxerciscjurisdiction vcsted in it as contended
in the applicant's application to the Committee on Applications for
Review of Administrative Tribunal Judgements (A/AC.86/R.59)?
2. Has the Tribunal committed a fundamental error in procedure which
has occasioned a failure of justice as contended in the applicant's
application to the Committee on Applications for Review of Admini
strative Tribunal Judgements (A/AC.86/R.59)?"
I am enclosing herewith one copy each of the English and French texts of
the report of the Committee on Applications for Review of Administrative
Tribunal Judgements on the work of its tenth session,in which the decision
of the Committee has been duly certified. lnaccordance with Article 65 of the
1 Not reproduced.4 APPLICATION FOR REVIEW
Statute of the International Court of Justic1shall transmit to the Court all
documents Iikely to throw light upon the question. Furthermore, as required
by paragraph 2 of Article 11 of the Statute of the United Nations Admini
strative Tribunal, I shall arrange to transmit to the Court any views which the
applicant to the Committee on Applications for Review of Administrative ·
Tribunal Judgements may wish to submit.
(Signed) Kurt WALDHEIM.DOSSIER TRANSMITTED BY THE
SECRETARY-GENERAL
OF THE UNITED NATIONS
(ARTICLE 65, PARAGRAPH 2,
OF THE STATUTE)-------------------- -----
7
JNTRODUCTORY NOTE
l. On 28 June 1972 the Secretary-Genera\ informed the President of the
International Court of Justice that, by a decision adopted on 20 June 1972at the
final meeting of its tenth session, the Committee on Applications for Review
of Administrative Tribunal Judgements, after having considered an application
relating to Judgement No. 158 of the Tribunal, decided to request the Court
to give an advisory opinion on the following questions:
"I. Has the Tribunal failed to exercise jurisdiction vested in it as contended
in the applicant's application to the Committee on Applications for
Review of Administrative Tribunal Judgernents (A/AC.86/R.59)?
2. Has the Tribunal committed a fundamental error in procedure which
has occasioned a failure of justice as contended in the applicant's
application to the Committee on Applications for Review of Admini
strative Tribunal Judgements (A/AC.86/R.59)?"
2. The present dossier contains documents likely to throw light upon the
questions on which an advisory opinion of the Court is requested. The docu
ments, which are part of the records of the General Assembly, of the Committee
on Applications for Review of Administrative Tribunal Judgements, of the
Administrative Tribunal, of certain other subsidiary organs of the General
Assembly, as well as of the Secretariat of the United Nations, have been certified
to be final official records of the United Nations or true copies thereof, except
for certain documents that exist in mimeographed form only and are so indi
cated in the table of contents of the dossier. Each document or extracttherefrom
is identified by title and official United Nations symbol. Wherever possible, a
citation is also given to the volume and page where the document may be found
in the records of the United Nations. ln addition to the official identification,
the documents, for convenience in use, have been numbered consecutively in
the order in which they appear in the dossier, and references todocuments in
this introductory note are based on this system of numbering. A complete list
of the documents may be found in the table of contents.
3. The dossier consists of two parts. Part I contains documentation relating
to the proccedings leading to the request by the Committee for Review for an
advisory opinion of the International Court of Justice; this Part consists of two
sections: section A contains the documentation of the Committee for Review,
and section B contains certain other documents referred to in or otherwise
relevant to the documentation of the Committee. Part Il contains the docu
mentation of the General Assembly and of its committees relating to the formu
lation of Article 11 of the Statute of the Administrative Tribunal,by which the
Committee on Applications for Review of Administrative Tribunal Judgements
was established and pursuant to which the Committee addressed the present
request to the Court. 8 APPLICATION FOR REVIEW
Part I of the Dossier. Documentation relating to the Proceedings Leading
to the Request by the Committee on Applications for Review of Administrative
Tribunal Judgements for an Advisory Opinion of the International Court of
Justice in Relation to Judgement No. 158 of the Administrative Tribunal
A. Documents of the Tenth Session of the Committee on
Applications for Review of Administratfre Tribunal Judgements
4. On 26 May 1972 the attorneys for Mr. Mohamed Fasla addressed an
application (doc. No. (3)) to the Committee on Applications for Review of
Administrative Tribunal Judgements asking the Committee to request an ad
visory opinion of the International Court of Justice in relation to Administra
tive Tribunal Judgement No. 158: Fas/a against the Secretary-Genera/ of the
United Nations (AT/DEC/! 58-doc. No. (I 1)).The Secretary-General com
mented on this application on 31 May (doc. No. (4)).The tenth session of the
Committee was thereupon convened (doc. Nos. (J)-(2))to consider the applica
tion, and the Committee met for this purpose on 8, 13, 19 and 20 June.
According to its custom, no written records were kept of the meetings, the
proceedings of which are summarized in the report of the Committee (doc.
No. (10)).
5. Consequent on a request made at the second meeting of the Committee,
the Secretariat on 13 June 1972 circulated to the Committee the four questions
which arise for the Committee's decision under the terms of article 11, para
graph 1, of the Tribunars Statu te (doc. No. (5)). At its third meeting the Com
mittee voted on the questions which it considered to arise in the light of the
application before it (see doc. No. (10), para. 7). Thereupon the representatives
of Peru and Zambia circulated proposais for the formulation of the questions
to be addressed to the Court (doc. Nos. (6)-(7)). The Committee adopted such a
formulation by a roll-call vote at its fourth meeting (see doc. No. (10), para. 8).
At the same meeting it received a statement by the Secretariat on the financial
· implications of its decision (doc. No. (8)) and decided to express no opinion on
the applicanrs request for costs in connection with his application for certi
fication (see doc. No. (3), para. E.l and Annex 92, part B, and doc. No. (10),
para. 9).
B. Other Documents Cited in or Relevant ro Documents Considered by
the Commitlee on Applicmions for Review of Administrative
Tribunal Judgements al ifs Tenth Session
6. The rules of procedure that governed the tenth session of the Committee
for Review were the Provisional Rules adopted by the Committee at the first
meeting of its first session and amended at the second and third meetings of
that session (doc. No. (12)).
7. Prior to initiating the proceeding before the Administrative Tribunal to
which Application No. 14 before the Committee for Review related, Mr.
1This is the document A/AC.86/R.59 referred toin the questions formulatedby the
Committee for Review.The 92 annexes to the application (a list of which appears at
the end of that document) are reproduced in a special annex to the dossier; most of
theseare formulated in English,a few in French. They consist of the 84annexes to the
pleadings that had bcen submitted to the Administrative Tribunal, numbered in their
original sequence, of the Judgernent of the Tribunal (Annex 85), of the six pleading.~
(Annexes86-91-see para. 8, below),and of a statement of costs (Annex 92) prepared
for the information of the Committee for Review. INTR0DUCTORY NOTE 9
Mohamed Fasla had submitted two appeals to the Joint Appeals Board of the
United Nations, established by and functioning in accordance with Staff Rules
111.1•1J1.3 (doc. No. (15)}.The reports of the Board were submitted to the
Secretary-General on 3 June 1970(JAB Case No. 172, doc. No. (3), Annex 2)
and 18 January 1971(JAB Case No. 181, doc. No. (3), Annex 67).
8. After the Secretary-General had taken his decision based on the first
report of the Joint Appeals Board (doc. No. (3), Annex 3), Mr. Fasla on 31
December 1970 initiated a proceeding before the Tribunal as Case No. 144,
by fi.lingan Application (doc. No. (3), Annex 86) to which were attached sixty
three annexes (doc. No. (3), Annexes 1-63). The Secretary-General filed his
Reply (answer) on l June 1971(doc. No. (3), Annex 87), together with three
annexes (doc. No. (3), Annexes 64-66). After the Secretary-Gcneral had taken
bis decision based on the second report of the Joint Appeals Board (doc. No.
(3), Annex 68), Mr. Fasla on 11June 1971filed a Supplement to his Application
(doc. No. (3), Annex 89), together with six annexes (doc. No. (3), Annexes
67-72). The Secretary-General filed a Supplement to his Reply on 12 August
1971 (doc. No. (3), Annex 90), together with one annex (doc. No. (3), Annex
73). On 15November 1971 Mr. Fasla filed bis Comments (observations) on the
Replies submitted by the Secretary-General (doc. No. (3), Annexes 88 and 91),
together with e\even annexes to the former (doc. No. (3), Annexes 74-84).
The Administrative Tribunal also had available toit Mr. Fasla's officialStatus
File; the Joint Appeals Board files on the two appeals filed by Mr. Fasla, and
a dossier of correspondence between the Executive Secretary of the Tribunal
and the parties to the proceeding. The Tribunal held no oral proceedings, but
deliberated on the case from 10 to 28 April 1972, on which day it issued its
Judgement No. 158 (doc. No. (11}).
9. The Statute and Rules of the Tribunal in force during the proŒeding
leading to that Judgement were those in elfect from 16October 1970(doc. No.
(13)). Except for the amendments to which Part Il of this dossier relates, the
Statute of the Tribunal has not been changed from the version to which the
Advisory Opinion of the Court on Effect of Awards of Compensation Made by
the United Natlons Administrative Tribunal (/.C.J.Reports 1954, p. 47) rclated.
10. The Staff Regulations effective on 1 January 1969 and throughout that
year appear in document No. (14);none ofthe amendments made by the Gene
rai Assembly in the Regulations previous or subsequent to this period appear
relevant to the claims to which the questions addressed to the Court relate. The
Staff Ru leseffectivefrom January 1969appear in document No. ( 15);similarly.
no amendments to these Rules promulgated by the Secretary-Genera! in the
period under consideration appear relevant to the above-mentioned claims. An
Administrative Instruction issued on 11April 1956still governs the preparation
of Periodic Reports on staff members (doc. No. (16)). On 2 December 1960a
Personnel Directive was issued on "Transfer and Change of Official Duty
Station" (doc. No. (17)), which was qualified by an addition issued on 13
March 1968(doc. No. (18)).
11. After the Administrative Tribunal had assessed costs in the first cases
submitted to it (Judgement No. 3: Cases Nos. 1 to 15: Aubert and 14 Others and
Intervention No. l: Hall against The Secretary-General of the United Nations
(Costs in Judgement No. 2)), the Acting Secretary-General on 31 August 1950
addressed a letter to the President of the Tribunat asking that the Tribunal give
an opportunity to present arguments on its authority to assess costs and on the
nature and amount of such costs (doc. No. (19)). ln this connection a document
was issued reproducing extracts of two judgements of the League of Nations
Tribunal (doc. No. (20)). ln addition, the Legal Department of the UnitedJO APPLICATION FOR REYIEW
Nations submitted a memorandum (doc. No. (21)) and the Vice-President of
the Tribunal also presented a note (doc. No. (22)). On 18 December 1950 the
Tribunal issued a Statement of Policy on assessing costs (doc. No. (23)), which
statement has not since been superseded by any general statement of policy
on this subject. On 10 December 1951 the Tribunal was informed of the com
ments of the Board of Auditors and of the Advisory Committee on Admin
istrative and Budgetary Questions on the question of award of costs by the
Tribunal and of the fact that the General Assembly had adopted a resolution
accep1ing the reports in which these observations were contained (doc. No. (24)).
Part II of the Dossier. Documentation relating to the Formulation of
Article 11 of the Statute of the Administrative Tribunal
A. Documentation of the Ninth Session of the General Assembly
12. After the International Court of Justice rendered its Advisory Opinion
of 13 July 1954 on the Ejfect of Awards of Compensation Made by the United
Nations Administrative Tribunal (/.C.J. Reports 1954, p. 47), the Secretary
General transmitted the text to the General Assembly for consideration at its
ninth session (doc. No. (33)). This item was referred to the Fifth Committee,
which considered it at its 474th to 480th meetings (doc. Nos. (25)-(31) and {34),
p. 6). ln connection with this item, the representatives of Argentina and the
United States introduced a draft resolution by which, inter alia, the Statute of
the Administrative Tribunal would have been amended by establishing a Board
of Judicial Review (doc. No. (34), p. 3). Later the sponsors withdrew their
original proposai and, together with the representatives of Canada, Chile,
Cuba and Turkey, submitted another one (ibid.,p. 4), proposing that the Gen
eral Assembly accept the principle of judicial review of Administrative Tribunal
judgements and establish a special committee to develop an appropriate proce
dure. The representatives of Belgium, Brazil, Egypt, lndia, Norway and
Pakistan jointly submitted an amendment to this proposai, whereby the
Assembly would initially mere!y solicit the views of Member States and the
specialized agencies concerned on this question (ibid., p. 5). Both the sponsors
of the principal proposai and of the amendment thereafter submitted modified
texts(ibid., pp. 4, 5), which were voted on at the 480th meeting of the Committee
(doc. No. (31)), on the basis of which a modified version of the principal
proposai was recornrnended to the Assembly.
13. The General Assembly considered the proposed resolution at its 515th
plenary meeting (doc. No. (32)), and after further amending it (doc. No. (34),
p. 11, note 1) adopted ît as resolution 888 (IX) (doc. No. (34), p. 12). By part
A of that resolution the Assembly took note of the advisory opinion of the
Court; by part Bit accepted in principle thejudicial review of judgements of the
Administrative Tribunal, requested Member States to communicate their views
as 10 the establishment of an appropriate procedure, made provision for
consultation with the specialized agencies.concerned, and established a Special
Committee of eighteen Member States to "study the question of the establish
ment of such a procedure in ail its aspects" and to report to the Assembly.
B. Documentation of the Specia/ Commiffee on Review of
Administrative Tribunal Judgements
14. The Special Committee on Review ofAdministrative Tribunal Judgements
held 13 meetings from 4 April to 31 May 1955 (doc. Nos. (35)-(47)). lt had
before it a working paper by the Secretary-General (reproduced as Annex ll tNTRûDUCTORY NOTE ll
(A) to the report of the Special Committee to the General Assembly (doc.
No. (60), p. 1)), the preliminary views of three Member States and the ob
servations of six specialized agencies concerned (ibid.,Annex Ill),the views of
the United Nations Staff Council (ibid.,Annex lV), and notes by the Secretary
General on the members of the Permanent Court of Arbitration and on the
participation of individuals in proceedings before the International Court of
Justice(ibid.,Annexes II.Band II.C).
15. The Committee then proceeded to consider a series of proposais and
alternatives for amending the Statute of the Administrative Tribunal, submitted
by the representatives of China, Iraq and the United States (ibid.Annex 1(B)),
of France (ibid.,Annex I (A)), by the Secretary-General (ibid.,Annex 1(C)),
and by the representatives of lndia (ibid.,paras. 52 and 64), Australia (ibid.,
Annex l (D)), China, Iraq, Pakistan, United Kingdom and Unîtes States (same
as text given ibid.,para. 116) and France (ibid.,para. 91). The Committee's
report to the General Assembly (doc. No. (60), p. 1) traced the details of this
consideration and concluded by recommending the addition of new articles
l land 12 to the Statute of the Administrative Tribunal, the former to provide
for the establishment of a special committee of Member States authorîzed to
request, at the initiative of any Member State, of the Secretary-General or of
any person in respect of whom ajudgement has been rendered by the Tribunal,
the International Court of Justice to give an advisory opinion on certain speci
fied questions relating to such judgernent.
C. Documentation of the Tenth Session of the Genera/ Assembly
16. The General Assembly at its tenth session referred the report of the
Special Committee to the Fifth Committee, which considered it at its 493rd to
501st and 505th meetings (doc. Nos. (48)-(57)). The Fifth Committee also had
before it the views of six Member States and two specialized agencies (doc.
No. (60), p. 33), of the United Nations Staff Council (ibid.,p. 35) and of the
Secretary-General (ibid.,p. 37). The representatives of Argentina, Canada,
China, Cuba, Iraq, Pakistan, the United Kingdom and the United States
introduced a draft resolution, latcr slightly revised, by which, inter alia, the
Statute of the Administrative Tribunal wou\d be amended in accordance with
the Special Committee's proposais and it would be recommended that Member
States and the Secretary-General should not make oral statements before the
Court in any proceeding pursuant to the new article 11 of the Tribunal's
Statute. The representative of Jndia introduced a series of amendments to the
draft resolution (ibid.pp. 41-42, para. 32), to extend and modify the proposed
grounds for requesting review of Administrative Tribunal judgements, to
replace the proposed special screening committee of Member States by an ad
hoc panel of the Tribunal, and to replace the advisory opinion of the Court by
a decision of the full bench of the Tribunal. The sponsors of the draft resolution
accepted the lndian proposais regarding the grounds for review (ibid.,para. 41),
and the Fifth Committee then voted against the other amendments, which were
therefore not inc\uded in the Committee·s recommendation to the Assembly.
17. The General Assembly considered the recommendation of the Fifth
Committee at its 540th and 541st plenary meetings (doc. Nos. (58)-(59)). ln
addition it considered and rejected a proposai by Belgium (doc. No. (60),
p. 44), that the International Court of Justice be requested to give an advisory
opinion on whether the resolution proposed by the Fifth Committee was
juridically well-founded, and if not, which provisions of the resolution were not
well-founded. The representative of India also introduced those of his amend-12 APPLICATION FOR REVIEW
ments that had been rejected by the Fifth Committee, but after a decision of the
Assernbly that the resolution would not require a two-thirds vote for approval,
the representative withdrew the proposed amendments (doc. No. (59), paras.
121-161).The General Assembly thereupon adopted the text recommended to
it by the Fifth Committee as its resolution957 (X) (doc. No. (60), p. 44).
D. Documentation of the Twelflh Session of the Genera/ Assembly
18. ln the course of the work of the Special Committee on Review of Ad
ministrative Tribunal Judgements the representative of Australia introduced a
proposai to amend article 9 of the Tribunal's Statute so as to regulate further
the power of the Tribunal to fix amounts of compensation (reproduced as An
nex I.D, part IJI, to the report of the Special Committee to the General As
sembly (doc. No. (60), p. 1)),and later the same proposai was introduced•in the
Fifth Committee at the tenth session of the General Assembly (doc. No. (60),
p. 42, para. 36). The Fifth Comrnittee agreed that this proposai be referred to
the Secretary-General and to the Advisory Commîttee on Administrative and
Budgetary Questions (ACABQ) for consideration at the twelfth session of the
Assembly (ibid., para. 38). Both the Secretary-General and ACABQ submitted
reports on this question to the Assembly at its twelfth session (doc. No. (62),
pp. 23 and 25), suggesting that no action need be taken. These reports were
considered by the Fifth Committee at its 628th meeting (doc. No. {61)), at
which time it concurred with the representative of Australia that action on hîs
proposai be deferred until the Tribunal's further experience made a review of
its Statute appear desirable (doc. No. (61), p. 6, paras. ;il-52). 13
CONTENTS OF THE DOSSIER 1
Part l of the Dossier. Documentation relating to the Proceedings Leading to
the Request by the Cornmlttee on Applications for Review of Administrative
Tribunal Judgernents for an Advisory Opinion of the International Court of
Justice in Relation toJudgernent No. 158 of the Administrative Tribunal
A. Documents of the Tenth Session of the Committee on Applications for Review
of Administrative Tribunal Judgements (ail mimeographed)
(l) Information circular on the tenth session of A/AC.86/1 NF.10
the Committee
(2) Provisional Agenda for the Tenth Session A/AC.86/R.58
(3) Application No. 14: Application submitted
A/AC.86/R.59 (the
by the attorneys for Mr. Mohamed Fasla, 92 annexes to the
dated 26 May 1972, addressed to the Com Application appear
mittee and asking the Committee to request in a special annex to
an advisory opinion from the International the dossier-sec pp.
Court of Justice 20-23, infra)
(4) Application No. 14: Comments by the Sec A/AC.86/R.60
retary-General on applicant's written state
ment (A/AC.86/R.59)
(5) Application No. 14: Note hy the Secretariat A/AC.86/.R.61
(6) Application No. 14: Suggestion by Peru A/AC.86/R.62
(7) Application No. 14: Suggestion by Zambia A/AC.86/R.63
(8) Application No. 14: Note by the Secretariat A/AC.86/R.64
(9) Application No. 14: Draft Report of the A/AC.86/R.65
Committee
(JO) Application No. 14: Report of the Commit A/AC.86/14
tee
B. Other Documents Cired in or Relevant to Documents Considered by the
Commitlee on Applications for Review of Adminislrative Tribunal
Judgements ar its Tenth Session
1. Judgement of the Administrative Tribunal
(11) Administrative Tribunal Judgement No. 158 AT/DEC/158 (also
- Case No. 144: Fas/aagainst the Secretary doc. No. (3), Annex
Generalof the United Nations 85)
2. Ru/es of Procedure of the Committee and Stature and Ru/es of the Admini
strative Tribunal
(12) Provisional Rules of Procedure of the Corn- A/AC.86/2/Rev.1
mittee
(13) United Nations Administrative Tribunal: AT/11/Rev.3
Statute and Rules, Provisions in force with
elfect from 16 October 1970
1 Documents not reproduced. [Nole by lhe Regislry.J14 APPLICATION FOR REVIEW
3. Regulations, Ru/es, Instructions and Directives on staff administration
(14) Staff Regulations (effective I January 1969) ST/SGB/Staff Regu
lations/Rev.6
(15) Staff Rules: Staff Regulations of the United ST/SGB/Staff Rules/
Nations and Staff Rules 101.1 to 112.8: 1/Rev.l (including
Secretary-General's Bulletin (1966, amended Amend's 1-10)
asof January 1969)
(16) Administrative Instructions: Periodic Re. ST/Al/115 (also doc.
ports No. (3),Annex 63)
(17) Personnel Directive: Transfer and Change PD/8/60 (English
of Official Duty Station only)
(18) Personnel Directive: Transfer and Change of PD/8/60/ Add. l(Eng
Official Duty Station lish only ; also doc.
No. (3), Annex 73)
4. Documents relevant to the competence of the Administrative Tribunal to award
costs
(19) Competence of the Tribunal to award costs: A/CN.5/3
Leuer dated 31 August 1950from the Acting
Secretary-General, addressed to the President
of the Tribunal
(20) Competence of the Tribunal to award costs: A/CN.5/4
Ex.tracts of Judgements delivered by the
League of Nations Tribunal
(21) Competence of the Tribunal to award costs: A/CN.5/5
Memorandum submitted by the Legat De-
partment
(22) Competence of the Tribunal to award costs:
A/CN.5/R.1
Note by Mrs. Bastid, Vice-President
(23) Statement of Policy A/CN.5/R.2
(24) Award of Costs in Cases 1-15 AT/R.7
Part Il of the Dossier. Documentation relating to the Formulation of
Article li of the Statute oftheAdministrative Tribunal
A. Documents of the Ninth Session of the General Assembly
1. Records of meetings
(a) Records of meetings of the Fi/th Commillee
(25) 474th meeting, 3 December 1954
(see paras. 48-55)
(26) 475th meeting, 4 December 1954
(27) 476th meeting, 6 December 1954 General Assembly
(28) 477th meeting, 7 December 1954 Official Records,
(see paras. 1-59) Ninth Session,
Fifth Committee
(29) 478th meeting, 8 December 1954
(see paras. 34-47) (A/C.5/SR.474-480)
(30) 479th meeting, 9 December 1954
(31) 480th meeting, 9 December 1954
(see paras. 1-26} CONTENTS OF THE DOSSIER 15
(b) Records of plenary meetings of the Genera/ Assembly
(32) 515th meeting, 17 Decemher 1954 General Assembly
(see paras. 6-105) Official Records,
Ninth Session
Plenary Meetings
(A/PV.515)
2. Ot/rer documents
(33) Note by the Secretary-General transmitting A/2701
the Advisory Opinion of the International
Court of Justice: Ejfect of Awards of Com-
pensation Made by the United Nations Ad
ministrative Tribunal, Advisory Opinion of
13July 1954 (I.C.J. Reports 1954, pp. 47-97)
(34) Official Records of the General Assemb/y, Ninth Session, Annexes,
agenda item 48 on "Awards of compensation made by the United
Nations Administrative Tribunal: advisory opinion of the International
Court of Justice"
pagel Thirty-third report of the Ad A/2837
visory Committee on Adminis
trative and Budgetary Questions
page 2 Report of the Secretary-General A/C.5/607
page 3 Argentina and United States of A/C.5/L.317
America: draft resolution
page 4 'Argentina, Canada, Chile, Cuba, A/C.5/L.321
Turkey and United States of
America: draft resolution
page 4 Argentina, Canada, Chile, Cuba, A/C.5/L.321/Rev. l
Turkey and United States of
America: reviscd draft resolution
page 5 Belgium, Brazil, Egypt, India, A/C.5/L.322
Norway and Pakistan: amend-
ments to the draft resolution
A/C.5/L.321 (ibid., p. 4)
page 5 Belgium, Brazil, Egypt, lndia, A/C.5/L.322/Rev.l
Norway and Pakistan: amend-
ments to the revised draft resolu
tion.\JC.5/L.32 l/Rev.1 (ibid., p.4)
page 6 Report of the Fifth Committee A/2883
page 11 Argentina, Australia, Canada, A/L.192
{note 1) Chile, Colombia, Cuba, Domini (mimeographed)
can Republic, Guatemala, Iraq,
Lebanon, Peru, Thailand, Turkey,
United Kingdom of Great Britain
and Northern lreland, United
States of America: amendments
to the draft resolution submitted
by the Firth Committee
page l l Sweden: amendment to the draft A/L.193
(note l) resolution submitted by the Fifth (mimeographed)
Committee16 APPLICATION FOR REVIEW
J. Resoluti<madopted by the GeneraJAssemhly
page 12 Resolution 888 (IX): Awards of A/RES/295 (also re·
compensation made by the United produced in Gener
Nations Administrative Tribunal: al Assembly, Official
advisory opinion of the Inter Records, Ninth Ses
national Court of Justice sion, Supplement No.
21 (A/2890), p. 43)
B. Documents of the Special Committee on Review of Administrative
Tribunal Judgements
1. Records of meetings
{35) lst meeting, 4 April 1955
(36) 2nd meeting, 5 April 1955
(37) 3rd meeting, 6 April 1955
(38) 4th meeting, 7 April 1955
(39) 5th meeting, 1I April 1955
(40) 6th meeting, 12 April 1955
(41) 7th meeting, 13April 1955 A/AC.78/SR.1-13
(mimeographed}
(42) 8th meeting, 14 April 1955
(43) 9th meeting, 14 April 1955
(44) 10th meeting, 20 April 1955
(45) 11th meeting, 21 April 1955
(46) 12th meeting, 21 April 1955
(47) 13th meeting, 31 May 1955
1
2. Other documents
Judicial review of United Nations Administrative A/AC.78/L.I inc.
Tribunal judgements: working paper submitted Corr .1,reproduced as
by the Secretary-General A/2909 (doc.No. (60),
p.l), Annex II (A)
Preliminary views of Member States and obser A/AC.78/L.3 and
vations of specialized agencies concerned Add. l, 2 and 3, re
produced ibid.,
Annex Ill
Note by the Secretary-General transmitting the A/AC.78/L.4, re
views of the United Nations Staff Council produced ibid.,
Annex IV
China, Iraq and United States of America: revised A/AC.78/L.6/Rev. l
draft amendment to the Statute of the United reproduced ibid.,
Nations Administrative Tribunal Annex J (B)
France: revised draft amendment to the Statute A/AC.78/L.7/Rev. 1,
of the United Nations Administrative Tribunal reproduced ibid.,
Annex l (A)
' Ali documents of the Special Committee of permanent interest were annexed to its
report to the General Assembly (A/2909), which is reproduced in doc. (60), p. 1; the
number of each annex is indicated in the right-hand column of this subsection of the
present list. CONTENTS OF THE DOSSIER 17
Suggestions by the Secretary-General on judicial A/AC.78/L.8,
review of United Nations Administrative Tri reproduced ibid.,
bunal judgements Annex 1 (C)
Members of the Permanent Court of Arbitration: A/AC.78/L.9/Rev. I,
note by the Secretary-General reproduced ibid.,
Annex li (B)
Participation of individuals in proceedings before A/AC.78/L.10,
the International Court of Justice: memoran reproduced ibid.,
dum submitted by the Secretary-Ge'neral Annex li (C)
rndia: proposed addition to suggestions by the A/AC.78/L.l l,
Secretary-General on judicial review of United incorporated ibid.,
Nations Administrative Tribunal judgements para. 64
Australia: proposais on judicial review of United A/AC.78/L.12,
Nations Administrative Tribunal judgements reproduced ibid.,
Annex I (D)
lndia: amendment to part Il of the Australian A/AC.78/L.l 3,
proposais (A/AC.78/L. \2) incorporated
ibid., para. 52
China, Iraq, Pakistan, United Kingdom of Great
A/AC.78/L.14
Britain and Northern Ireland and United States inc. Corr.l (same
of America: draft amendment to the Statute of text as ibid., para.
the United Nations Administrative Tribunal 1t6, draft article11)
France: amendment to document A/AC.78/L.14 A/AC.78/L.15,
and Corr. 1 incorporated ibid.,
para.91
C. Documents of the Tenth Session of the General Assemb/y
1. Records of meetings
(a) Records of meetings of the fïfth Commitfee
(48) 493rd meeting, 17 Octobcr I955
(49) 494th meeting, 17 Octobcr I 955
(50) 495th meeting, 18 October 1955
(51) 496th meeting, 19 October 1955
(52) 497th meeting, 24 October 1955 General Assembly,
(53) 498th meeting, 24 October 1955 Official Records,
(54) 499th meeting, 25 October 1955 Tenth Session,
(55) 500th meeting, 25 October !955 Fifth Committee
(see paras. 1-24) (A/C.5/SR.493-501
(56) 501st meeting, 31 October 1955 and 505)
(see para. I)
(57) 505th meeting, 4 November 1955
(see paras 1-4)
(b) Records of plenary meetings of the General Assembly
(58) 540th meeting, 8 November 1955 l General Assembly,
(see paras. 23-47) Official Records,
Tenth Session
(59) 541st meeting, 8 November 1955 Plenary Meetings
(see paras. 1-162) (A/PV.540-541)18 APPLICATION FOR REVIEW
2. Otlzer documents
(60) Official Records of the General Assembly, Tenth Session, Annexes,
agenda item 49 on "Report of the Special Cornmittee on Review of
Administrative Tribunal Judgements"
page I Report of the Special Committee A/2909
on Review of Administrative
Tribunal Judgements
page 33 Views of Member States and A/2917 and
specialized agencies concerned Add. 1 and 2
page 35 Note by the Secretary-General A/C.5/634
transmitting the views of the
United Nations Staff Council
page 37 Statement made by the Secretary A/C.5/635
General at the 493rd meeting of
the Fifth Committee
Argentina, Canada, China, Cuba, A/C.5/L.335/Rev. l
Iraq, Pakistan, United Kingdom (mimeographed)
of Great Britain and Northern thîs text, as
lreland and United States of amended at the
America: rcvised draft resolution 499th meeting of
the Fifth Committee
(doc. No. (54)),
para. 48, appears -
as resolution 957
(X) (doc, No. (60),
p. 44)-
Australia: draft resolution A/CS./L.337
(mimeographed)
incorporated in
A/3016 (doc. No.
(60), p.38), para. 36
lndia: amendment to document A/C.5/L.339
A/C.5/L.335/Rev. 1 (mimeographed)
incorporated in
A/3016 (doc. No.
(60), p. 38), para. 32
page 38 Report of the Fifth Committee A/3016
India: amendments to the draft A/L.198
resolution proposed by the Fifth (mimeographed)
Committee same text as
A/C.5/L.339
(incorporated in
doc. No. (60),
p. 38, para. 32)
page 44 Belglum: Draft Resolution A/L.199
3. Reso!ution adopted by the General Assembly
page 44 Resolution 957 (X)-Procedure A/RES/316
for Review of United Nations (also reproduced
Administrative Tribunal Judge inGeneral Assembiy,
ments: amendments to the Statute Tenth Session
of the Administrative Tribunal Supplement No, 19,
(A/3316), p. 30) CONTENTS OF THE DOSSIER 19
D. Documents of the Twe/fth Session of tire General Assemb!y
1. Record of a meeting of the Fi/th Commitree
(61) 628th meeting, 26 November 1955 General Assembly,
(see paras. 44-45) Official Records,
Twelfth Session,
Fifth Committec
(A/C.5/SR.628)
1. Other documents
(62) Official Records of the Genera/ Assembly, Twe/fth Session, Annexes,
agenda item 51(e) on "Personnel questions: Proposai to amend article
9 of the Statute of the United Nations Administrative Tribunal:
report of the Secretary-General"
page 2 Report of the Fifth Committee A/3797
page 23 Report of the Secretary-General A/3629
page 25 Eighth report of the Advisory A/3684
Committee on Administrative and
Budgetary Questions20 APPLICATION FOR REVIEW
Annexes to the Application submitted by Mr. Mohamed Fasla to the
Committee on Applications for Review of Administrative Tribunal
Judgements 1
1. Letter of Appointment, dated 5 June 1968, extending Applicant's fixed
term appointment from 2 April 1968 to 31 December 1969.
2. United Nations Joint Appeals Board, Case No. 172,Report to the Secre
tary-General, dated J June 1970.
3. Letter to the Applicant from the Officer-in-Charge, Office of Personnel,
United Nations, dated lOJuly 1970.
4. Letter to the Applicant from the Executive Secretary, United Nations
Administrative Tribunal, dated 2 ûctober 1970.
5. Note to the Applicant from the UNTAB/Special Fund Resident Represen
tative in the SyrianArab Republic, dated 6 September 1964.
6. Note from the Applicant to the UNTAB/Special Fund Resident Represen
tative in the Syrian Arab Republic, dated 25 November 1964.
7. Note to the Applicant from the UNTAB/Special Fund Resident Represen
tative in the SyrianArab Republic, dated 28 November 1964.
8. Letter from the Applicant to the Chairman of the UN Tcchnical Assistance
Board, New York, datcd 22 July 1965.
9. Applicanrs Periodic Report, covering the period from 30 June 1964 to
30 June 1965, dated I July 1965 and 15/19 October 1965; rebuttal by Appli
cant, dated 22 November 1965.
JO.Letter from the UNTAB/Special Fund Rcsident Representative in the
Syrian Arab Republic to the Administrative Officer, Joint Administration
Division, UN Technical Assistance Board, dated 23 Deccmber 1965.
11. Letter from the UNDP Resident Representative in Lebanon to the Chief,
Personnel Branch, Bureau of Administrative Management and Budget,
UNDP, dated 8 April !966.
12. Letter from the UNDP Deputy Resident Representative in Lebanon to
the Chief, Personnel Branch, Bureau of Administrative Management and
Budget, UNDP, dated 27 April 1966. '
13. Applicant's Periodic Report, çovering the period from 1 January to 31 May
1966, not dated, provided to the Applicant in October 1970.
14. Applicant's Periodic Report, covering the period from June to October
1966, dated 9/14 November 1966.
15. Draft of memorandum by Mr. Yuri V. Filippov, Deputy Director, Bureau
of Evaluation and Reports, UNDP, not dated (written early in 1967).
16. Letter from Mr. Filippov to the Assistant Director-General, Departrnent
of Administration and Finance, Food and Agriculture Organization, dated
12 April 1967.
17. Cable from the Assistant Director-General, Department of Administration
and Finance, Food and Agricullure Organization, not dated (sent in April
1967).
18. Letter from Mr. Filippov to the Assistant Director-General, Department
of Administration and Finance, Food and Agriculture ûrganization, dated
19 May 1967.
1 Annexes not reproduced. [Nole by the Registry.J------------- ----·-· -···----·---
CONTENTS OF THE DOSSIER 21
19. Letter from the Assistant Director-General, Department of Administration
and Finance, Food and Agriculture Organization, to the Assistant Director,
FAO Liaison Office with the United Nations, not dated (sent late in May
1967).
20.UNDP Division of Technical Assistance Operations, list of Country
Assignments and Secretarial Assignments, dated 25 September 1967.
21. Applicant's Periodic Report, covering the period from November 1966
to November 1967, dated 21/24 November 1967.
22. Applicant's Periodic Report, covering the period from January to March
1968, dated 28 September 1970.
23. United Nations Personnel Action form (P.5), dated 2 May 1968.
24. United Nations Personnel Action form (P.5),dated 6 June 1968.
25. Note from the Applican\ to the UNDP Resident Representative in Yemen,
and comments by the Resident Representative, both dated 2 November
1968.
26. Letter from the Foreign Minister of the Yemen Arab Republic to the
Applicant, dated 2 April 1969, Arabie with English translation.
27. Letter from the UNDP Resident Representative in Yemen to the Director,
Accounts Division, Office of the Controlier, United Nations, dated 6
January 1969.
28. Letter from the Foreign Ministry of the Yemen Arab Republic to the Office
of the UNDP Resident Representative in Yemen, dated 2 April 1969,
Arabie with English translation.
29. Letter from the Applicant to the Director, Bureau of Administrative
Management and Budget, UNDP, dated 14 April 1969.
30. Letter from the Foreign Minister of the Yemen Arab Republic to the Appti
cant, dated 3 April 1969, Arabie with English translation.
31. Letter from the Foreign Ministry of the Yemen Arab Republic to the Office
of the UNDP in Yemen, dated 12 March 1969.
32. Cable from the UNDP Resident Representative in Yemen to the Director,
Bureau of Administrative Management and Budget, UNDP, received on
27 December 1968.
33. Letter from the Applicant to the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 30 December 1968.
34. Cable from the UNDP Resident Representative in Yemen to the UNDP in
New York, received 3 January 1969.
35. Letter from the Applicant to the Director, Bureau of Admii:iistrative
Management and Budget, UNDP, dated 17 January 1969.
36. Letter from the Applicant to the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 8 February 1969.
37. Letter from the Applicant to the Executive Officer, Bureau of Adminis
trative Management and Budget, UNDP, dated 24 February 1969.
38. Cable from the Chief, Personnel Division, Bureau of Administrative
Management and Budget, UNDP, to the Applicant, received 24 February
1969.
39. Letter from the Applicant to the Assistant Administrator and Director,
Bureau of Operations and Programming, UNDP, dated 29 March 1969.
40. Letter from the Minister of Foreign Affairs of the Yemen Arab Republic
to the Applicant, dated 2 April 1969, Arabie with English translation.
41. Letter from the Applicant to the Assistant Administrator and Director,
Bureau of Operations and Programming, UNDP, dated 6 April 1969.
42. Summary draft report by Consultant to the UNDP Adrninistrator on his
visit to Yemen, dated 23 March 1969.22 APPLICATION FOR REVIEW
43. Letter to the Applicant from the UNDP Resident Representative m
Turkey, dated I April 1969.
44. Letter to the Applicant from the Administrator, UNDP, dated 9 April
1969.
45. Cable from the Applicant to the UNDP, New York, dated 24 April 1969.
46. Cable from the Applicant to the UNDP, New York, dated 4 May 1969.
47. Letter from the Applicant to the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 29 April 1969.
48. Cable to the Applicant from the Director, Bureau of Administrative
Management and Budget, UNDP, dated 10 May 1969.
49. Cable to the Applicant from the Minister of State and Persona] Represen
tativeof the President, Yemen Arab Republic, reccived 1 June 1969.
50. Letter to the Applicant from the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 22 May 1969.
51. Personnel Record (Fact Sheet) of the Applicant, prepared by the UNDP in
1969.
52. Letter from the Chief, Secretariat Recruitment Service, Office of Personnel,
United Nations, to the Personnel Officer, UNOP, dated 30 June 1969.
53. Letter from the UNDP Acting Resident Representative in Morocco to the
Chief, Personnel Division, Bureau of Administrative Management and
Budget, UNDP, dated 11 August 1969.
54. Cable from the Applicant to the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 17June 1969.
55. Cable from the Applicant to the Chief, Personnel Division, Bureau of
Administrative Management and Budget, UNDP, dated 9 July 1969.
56. Letter to the Applicant from the Director, Bureau of Administrative
Management and Budget, UNDP, dated 20 November 1969.
57. Letter from the Applicant to the Administrator, UNDP, dated 12 August
1970. ·
58. Letter to the Applicant from the Officer-in-Charge, Bureau of Adminis
trativeManagement and Budget, UN OP, dated 31 August 1970.
59. Letter to the Applicant from the Chief, Rules and Procedures Section,
Personnel Division, UNDP, dated J October 1970.
60. Applicant's Periodic Report, covering the period from June 1968 to March
1969, dated 22 September 1970.
61. Memorandum from the Applicant to the Chairman of the United Nations
Joint Appeals Board, dated 22 October 1970.
62. Letter to the Applicant from the Secretary of the United Nations Joint
Appeals Board, dated 11 November 1970.
63. United Nations Secretariat, Administrative Instruction ST/SI/115 of 11
April 1956.
64. Letter from the Acting Resident Representative, Sierra Leone, to Head
quarters, UNDP, dated 23 July 1968.
65. Report on the UNDP Mission to Yemen Arab Republic, by the Chief,
Division for Europe, Mediterranean and Middle East Arca, UNDP, dated
7 March 1969.
66. Applicant's Revised Fact Sheet, no date.
67. United Nations Joint Appeals Board, Case No. 181, Report to the Secre
tary-General, dated 18 January 1971.
68. Letter to the Applicant from the Director of Personnel, United Nations,
dated 8 March 1971.
69. Appeal submitted on behalf of the Applicant to the United Nations Joint
Appeals Board, dated 17 September 1970 (annexes omitted). CONTENTS OF THE DOSSIER 23
70. Memorandum from Applicant's counsel to the Chief, Staff Services,
Office of Personnel, dated 19 January 1971.
71. Memorandum from the Chief, Staff Services, Office of Personnel, to
Applicant's counsel, datcd 25 January 1971.
72. Memorandum to the Applicant from the Resident Reprcsentative of TAB
and Director of UNSF Programmes in the Syrian Arab Republic, dated
28 Novernber 1965.
73. Personnel Directive from Acting Director of Personnel to Ail Executive
Officersand Ail Administrative Ofllcers in the Office of Personnel, dated
13 March 1968.
74. Cables from the Director, Bureau of Administrative Management and
Budget, UNDP, to UNDP Resident Representative in Damascus and
Beirut, dated 30 November 196S.
75. Letter from the Syrian Ministry of Planning to the UNDP Resident
Representative in Damascus, dated 29 August 1965.
76. Letter from the Applicant to the UNDP Assistant Administrator, dated
11 December 1967.
77. Certificate from Or. Mohammed Ben Mebarek, Algiers, dated 24 July 1968.
78. Ccrtificate from Professor P. Mollarct, Paris, dated 29 July 1968.
79. Cable from the UN Health Service to the UNESCO Medical Service,
dated 5 August 1968.
80. Memorandum from the Medical Officer, UN Health Service, to the Person·
nclSection, UNDP, datcd I9 August 1968.
81. Letter from the UNDP Resident Representative in Sierra Leone to the
Director, Bureau of Administrative Management and Budget, UNDP,
dated 22 July 1968.
82. Letter from the UNDP Resident Representative in Sierra Leone to the
Chief, Personnel Division, UNDP, dated 7 August 1968.
83. Letter from the UNDP Resident Representative in Sierra Leone to the
Chief, Personnel Division,UNDP, dated 8 August 1968.
84. Cable to the UNDP office in Yernen from the UNDP Assistant Admini
strator, dated 11 March 1969.
85. Decision of the United Nations Administrative Tribunal Judgement No.
158-FASLA, dated 28 April 1972.
86. Application to the United Nations Administrative Tribunal by Mohamed
Fasla, dated 31 December 1970.
87. Reply for the Respondent, Case No. 144-FASLA, dated 1 June 1971.
88. Applicant's Comments on Respondent's Replies, dated 15 November 1971.
89. Supplement to the Application to the United Nations Administrative
Tribunal by Mohamed Fasla, dated 8 June 1971.
90. Supplemental Reply for the Respondent dated 11 August 1971.
91. Applicant's Comrnents on Respondent's Reply of 11 August 1971, dated
15 November 197\.
92. Statcment of Legal Costs incurred by Applicant, dated 25 May 1972.
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)