SECRETARY-GENERAL ACCEPTS FINDING OF ADMINISTRATIVE TRIBUNAL IN CASE OF MANSON
Press Release
SG/SM/5908
ORG/1216
SECRETARY-GENERAL ACCEPTS FINDING OF ADMINISTRATIVE TRIBUNAL IN CASE OF MANSON
19960304 The following was issued today by the Spokesman for Secretary-General Boutros Boutros-Ghali:The Secretary-General has accepted the finding of the United Nations Administrative Tribunal in the case of Douglas Manson, Judgement No. 742 released on 1 February, and has removed all material from the file of Mr. Manson which reflected his earlier conclusion. The Secretary-General considered that it was appropriate to issue a press release to make known the views of the Tribunal and to inform staff in the United Nations and the United Nations Development Programme (UNDP) at Headquarters, as recommended by the Tribunal, by placing a copy of this press release on the Bulletin Board of the cc:Mail system.
The Judgement related to the theft, on 17 April 1994, of $3.9 million in cash from a United Nations office in Mogadishu, Somalia. The Tribunal pointed out that the cash had been kept in what was erroneously thought to be a secure drawer of a filing cabinet located in what was then being used as a cash office in a prefabricated hut-like structure, in the main United Nations Operation in Somalia (UNOSOM II) compound and that the culprits have not been identified, nor has any of the money been recovered. The Tribunal emphasized that although there is no suggestion that Mr. Manson was involved in the theft, or benefitted in any way from it, he had been found guilty of gross negligence in not taking adequate measures to have the money stored in a secure location.
The Tribunal first pointed out the crucial importance of due process in all disciplinary matters, including cases where staff have been accused of gross negligence and a disciplinary measure is being contemplated. The principles of due process reiterated by the Tribunal emphasized the necessity of providing a staff member, and a former staff member, with the opportunity to respond to any charges which might involve a disciplinary measure, before any conclusions whatsoever are drawn.
The Tribunal also emphasized that Mr. Manson had a distinguished career with the United Nations and the UNDP. The Tribunal concluded that Mr. Manson was not guilty of gross negligence, although in submitting his resignation he
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had admitted that with hindsight he could have perhaps done more to prevent the theft. The Tribunal, however, found that the Organization "was attempting a very difficult mission in an extraordinarily adverse environment, without the number or the types of personnel required, the equipment required, and without the necessary equipment, or essential infrastructure support". The Tribunal thus found that the resignation of Mr. Manson, although effective, could not be treated as tantamount to a summary dismissal by the Administration. The Tribunal recommended to the Secretary-General that he take measures to inform the staff of the United Nations and UNDP at New York Headquarters of this conclusion.
A copy of this press release will be sent to Mr. Manson.
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