2021-UNAT-1172, Ravi Karkara
The Appeals Tribunal found that Mr. Karkara failed to show that the UNDT’s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the UNDT did not make any errors with regard to the admissibility of witnesses. The UNAT further found that the UNDT did not commit any procedural error, and Mr. Karkara’s allegations of procedural irregularities did not put the UNDT’s findings into doubt. Accordingly, the UNAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The UNAT also held that the sanction of dismissal was appropriate given that Mr. Karkara's conduct was particularly grave in light of his work with young adults.
Accountability referral: However, the UNAT agreed with Mr. Karkara that the Executive Director of UN Women violated a UNDT Order by disclosing and discussing details of these confidential proceedings in an all-staff meeting. The UNAT referred the Executive Director of UN Women to the Secretary-General for a possible action to enforce accountability.
UNDT/2020/188
Under the consistent jurisprudence of the Appeals Tribunal, the assessment of evidence is foremost in the hands and responsibility of the trial judge, and the Appeals Tribunal will not lightly interfere.