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The terms of reference specified: THE UNITED NATIONS APPEALS TRIBUNAL Judgment No. 2012-UNAT-236 5 of 13 [T]he incumbent leads the elaboration and implementation of a strategic vision and a related programme of work of UNODC/TPB in the field of nuclear, chemical and biological terrorism and related and emerging topics. (...) More specifically, the incumbent, within the delegated authority, is responsible for the following duties: - Develop, in close consultation with the Specialized Terrorism Prevention Unit, a programme of work for UNODC/TPB in the area of nuclear, chemical and biological terrorism; - Lead the mobilization of extra-budgetary resources necessary for the implementation of the programme of work including by … elaborating funding proposals in the area of nuclear, chemical and biological terrorism, by undertaking substantive consultations with representatives of possible donor countries and by continuous follow up regarding funding opportunities; - Contribute … to integrating activities in the area of countering nuclear, biological and chemical terrorism in the development of UNODC’s regional and country- specific programmes; - Initiate, maintain and develop partnerships and undertake joint activities in the area of countering nuclear, biological and chemical terrorism with relevant organizations and other stakeholders…; - Design, organize and execute expert working group meetings on specific subjects in the area of nuclear, biological and chemical terrorism; - Provide continuous advice to the Chief of the Branch relating to UNODC/TPB activities in the area of countering nuclear, chemical and biological terrorism; - Provide, upon request, specialized policy, strategy, programme and legal advice and technical input to UNODC senior management and the Chief of TPB upon management request more broadly on complex legal and related substantive issues of terrorism prevention, for setting and guiding policy approaches, programme content and implementation strategies, including advice on and interpretations of the universal instruments against terrorism, other international treaties governed by the public international law and United Nations resolutions for the prevention and suppression of terrorism, including UNGA and Security Council resolutions; and on legal provisions, draft legal provisions, resolutions and draft resolutions on thematic areas relevant to countering terrorism; - Provide, upon management request and in consultation with the Specialized Terrorism Prevention Unit and the Regional and National Terrorism Prevention THE UNITED NATIONS APPEALS TRIBUNAL Judgment No. 2012-UNAT-236 6 of 13 Unit, specialized policy, strategy, programme and legal advice to Government officials for setting and guiding national policies, strategies and implementation plans for fulfilling the international legal obligations in counter-terrorism and facilitating related cooperation among countries in the light of public international and constitutional law and in the context of comparative criminal law; - Contribute, upon management request and in consultation with the Specialized Terrorism Prevention Unit and the Regional and National Terrorism Prevention Unit, to the delivery of technical assistance to requesting countries, in particular in the area of nuclear, chemical and biological terrorism and other topics as assigned; - Contribute … to the development of new capacity building initiatives with regard to the area of nuclear, biological and chemical terrorism… 21.

The terms of reference specified: [T]he incumbent leads the elaboration and implementation of a strategic vision and a related programme of work of UNODC/TPB in the field of nuclear, chemical and biological terrorism and related and emerging topics. (...) More specifically, the incumbent, within the delegated authority, is responsible for the following duties: - Develop, in close consultation with the Specialized Terrorism Prevention Unit, a programme of work for UNODC/TPB in the area of nuclear, chemical and biological terrorism; - Lead the mobilization of extra-budgetary resources necessary for the implementation of the programme of work including by … elaborating funding proposals in the area of nuclear, chemical and biological terrorism, by undertaking substantive consultations with representatives of possible donor countries and by continuous follow up regarding funding opportunities; - Contribute … to integrating activities in the area of countering nuclear, biological and chemical terrorism in the development of UNODC’s regional and country-specific programmes; Case No. (...) According to these terms of reference, the duties of the Senior Legal Adviser included the elaboration and implementation of a programme of work in the field of nuclear, chemical and biological terrorism, the provision of legal advice, specialized expertise and technical assistance to UNODC and TPB management and countries, the mobilization of extra-budgetary resources, the development of partnerships and the organization of working group meetings in the field of nuclear, chemical and biological terrorism. 60.

The latter confirmed the Applicant’s reassignment in an email of 11 December 2009, stating: Your main functions would be to develop an expanded TPB programme of work in the area of nuclear, chemical and biological Case No. UNDT/GVA/2011/024 Judgment No. (...) The following “main outputs/activities” were enumerated in this work plan: – Serve as TPB’s focal point for overall guidance and take the lead in the area of countering nuclear, chemical and biological terrorism … – Contribute to the development, pilot-test and integrate in TPB’s overall TA delivery a comprehensive legal counter-terrorism training curriculum for criminal justice officials in the area of nuclear, biological, and chemical terrorism … – Contribute to the development of an on-line training and follow-up Action Plan, through the establishment of a TPB on-line platform … – Take the lead in the area of operational partnerships, undertake joint activities and provide input for activities in the area of countering nuclear, biological and chemical terrorism … with … relevant organizations … – Set up and follow up on relevant partnership arrangements and elaborate related concept papers … – Maintain a roster of substantive experts and national officers in the area of biological, chemical and nuclear terrorism for provision of external expertise and participation in UNODC/TPB activities … – Provide legal advice on the mandate of the Branch … – Advise on and interpret for the Branch legal provisions, including those contained in the legal instruments for the suppression and prevention of terrorism … – Fund raising … 52. (...) The goals listed in the work plan are the following: – elaborating a programme of work for UNODC/TPB in the area of chemical, biological, radiological and nuclear terrorism; – leading the mobilization of extra-budgetary resources necessary for the implementation of the programme of work; – initiating and maintaining partnerships in the area of countering chemical, biological and nuclear terrorism; – contributing to the development of the TPB curriculum initiative in respect of chemical, biological, radiological and nuclear terrorism; – providing guidance for and contributing to the delivery of TPB technical assistance; – providing policy advice to the Chief of TPB and Director of DTA; – performing managerial responsibilities related to the 2009-2010 performance cycle not yet completed. 54.

The Applicant’s explanation that A.A.N. is not her biological sister is irrelevant; b. The Applicant was availed adequate opportunity to be heard but she did not cooperate with the investigation process; c. (...) Furthermore, the cultural difficulties that the latter claimed to be facing upon discovery of the fact that A.A.N. was not her biological sister were never made Case No: UNDT/NBI/2011/055 Judgment No: UNDT/2012/142 Page 12 of 12 known to the investigators. (...) Adoptive families have the same rights and responsibilities to the adopted person as a biological family would have. 39. It is on record that the Applicant openly told an investigator that she would not provide a statement but did not give any reasons as to why.