The Seminar, “Investigation and Due Process in International Administration”, was held at the World Bank Conference Centre in Paris from 27-29 May 2002 and brought together approximately twenty international organisations and two experts respectively from South Africa and the United States.
The Chairperson, Chris De Cooker of the European Space Agency also worked closely with the World Bank and the IIAS to assure logistics and the social organisation of the event which included an evening’s outing on the Seine in a “Bateau Mouche” and a memorable dinner at the Centre français du Commerce extérieur.
The Group’s agenda included several facets :
In addition to in-depth discussions on each point, in which specific cases were examined, the Chairperson requested that the representatives of each of the international organisations attending the Seminar share the latest developments within their own organisation concerning the theme of investigation and due process as an extension of past themes discussed by the Group on ethics and codes of conduct.
At the conclusion of this most timely and stimulating Seminar, the Group decided to meet again next year on a related subject. In the meantime, the Chairperson, Chris De Cooker will be working closely with IIAS to publish information on the Group’s work.
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A. The beginning of an investigation:
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1. What triggers an investigation? - anonymous accusations; safeguards against overzealous investigators.
2. Who conducts the investigation?: Human Resources Department, Ethics Officer, Legal Department. |
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B. The preliminary stage of an investigation:
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1. Notifying the target of an investigation: timing, method of notification, protection against retaliation
2. Interviewing the target: the duty to co-operate; consequences of failure to co-operate; if there is an impasse, does a method exist to resolve the problem without proceeding with a dispute resolution process?
3. If evidence is inconclusive, are records kept? If so, where and for how long?
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C. A formal investigation
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1. How is fact-finding conducted: the collecting of evidence; interviewing the witnesses; promise of confidentiality
2. Opportunity of the target to be heard: right of access to investigative information at this stage in the process? ; opportunity to confront witnesses?
3. Referral of the matter to law enforcement authorities: criteria for doing so; procedure (waiver of immunity, or fully voluntary?); co-operation in prosecution?
4. Outcome of the investigation: In reporting of findings to management, does the investigator make recommendations?; Relative to informing the target of the outcome, does the target have the right of access to and/or a copy of the report?; Does the victim or complainant have the right to know the outcome/findings?; Is non-reprisal assured?
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D. The post-investigation: the ongoing role of the investigator
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1. Can an investigator be called as a witness in the internal dispute resolution process? |
The list of participating international organisations at the Paris Seminar:
- Asian Development Bank (ADB)
- Bank of International Settlements (BIS)
- European Organisation for Nuclear Research (CERN)
- Council of Europe
- European Bank for Reconstruction and Development (EBRD)
- European Central Bank (ECB)
- European Space Agency (ESA)
- Inter-American Development Bank (IADB)
- International Monetary Fund (IMF)
- INTERPOL
- International Organisation for Migration (IOM)
- Organisme Conjointe de Co-opération en matière d’Armament (OCCAR)
- Organisation for Economic Co-operation and Development (OECD)
- Pan American Health Organisation (PAHO)
- United Nations (UN)
- UNESCO
- United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA)
- Western European Union (WEU)
- World Health Organisation (WHO)
- World Bank (WB)