2016-UNAT-670, Adundo
UNAT affirmed the findings of UNDT that Mr Adundo’s application was receivable. UNAT then considered the merits of the Secretary-General’s appeal. UNAT noted that, contrary to the findings by UNDT that the guidelines were violated as the duration of the weapons restriction was not mentioned within the communications between the Chief of the Security and Safety Service and Mr Adundo, it was clear that the restriction would remain in force until Mr Adundo was “ready to obey lawful commands”, which was for him to attend weapons training for a security breach. UNAT upheld the Secretary-General’s submission that UNDT erred on a matter of law and fact in finding that the weapons restriction was imposed as a punishment for Mr Adundo. UNAT noted that there was no evidence that the imposition of the measure was retaliatory or otherwise ill-motivated. UNAT allowed the appeal and vacated UNDT’s judgment.
UNDT judgment: Mr Adundo contested the decision to place him on weapons restriction and under the supervision of a Senior Security Officer. UNDT rescinded the decision to place Mr Adundo on weapons restriction as it found that the expected duration of the restriction was not specified, as required by Section 2.35 of the United Nations Manual of Instruction on Use of Force Equipment. UNDT ordered the Secretary-General to review the sanction in light of its judgment and the requirements of the DSS Weapons MOI. UNDT awarded Mr Adundo USD 5,000 in moral damages.
The use, restriction, and revocation of firearms are governed by the Department of Safety and Security (DSS) Weapons MOI. The DSS Weapons MOI intends to provide guidance on all aspects pertaining to the management, issuance, carriage, and use of equipment intended to be used by United Nations Security Officials when the use of force is justified and necessary in the pursuit of their duties. Restrictions must stipulate their expected durations. Supervisors shall not use the duration of weapons restrictions as a punishment for misconduct where normal investigative or disciplinary procedures are applicable.