Judgment No. 4297

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 24.07.2020
• Original: Anglais
• Judges: Frydman, Barbagallo, Moore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision to reject his formal complaint of harassment.

Judgment keywords

Keywords

inquiry; harassment; investigation; complaint dismissed

Consideration 7

Extract:

[T]he complainant suggests he would have been prejudiced by advice he said he received from the OPCW that his challenges to the appointment of the investigators did not involve a reviewable administrative decision and thus, it is said, he waived the right to file a complaint before the Tribunal in relation to the decision concerning the manner in which the investigation was proceeding. The submission fails to recognise that a decision concerning the composition of an investigating panel is not a final administrative decision amenable to review by the Tribunal but merely a step in the process leading to a final administrative decision and may, as such, be challenged before the Tribunal only in the context of a complaint impugning the final decision (see, for example, Judgment 4131, consideration 4).

Reference(s)

Jugement(s) TAOIT: 4131

Keywords

inquiry; harassment; administrative decision; step in the procedure; investigation