The Central Staff Committee of the EPO Remarks on Unlawful Censorship by the Office
- Guest Editorial Team
- 2020-08-18 18:32:23 UTC
- Modified: 2020-08-18 18:32:23 UTC
Original letter from the EPO's Central Staff Committee [PDF]
Summary: "Institutionalised injustice," a new publication by the EPO's Central Staff Committee (CSC)
Zentraler Personalausschuss
Central Staff Committee
Le Comité Central du Personnel
Institutionalised injustice
Munich, 14.08.2020
sc20125cp – 0.2.1/5.2
Dear colleagues,
You may wonder why on earth the CSC is publishing now two documents dated October 2016 relating to the internal justice system of the EPO (a presentation and an open letter to PD43). Well, there is a simple explanation for this.
The internal Appeal Committee (ApC) has recently found that the Office was wrong in refusing the publication of the two documents. The President of the Office has finally decided to follow the unanimous opinion of the ApC. As a result, almost four years later, the documents can be published on the Intranet at last!
The Appeals Committee will publish in-house abstracts from the final decision and from the opinion of the ApC. In the present case of censorship, we consider it legitimate to inform you without further delay about basic principles of freedom of speech, as unanimously confirmed by the ApC:
- Freedom of speech is part and parcel of freedom of association. Those freedoms are not absolute or unconditional. It is therefore not illegitimate for an Organisation to prevent publications containing incorrect information, or statements impairing the dignity of international civil service or grossly abusing freedom of speech. However, this exercise has its limits.
- As regards factual correctness, taking an overall view of the presentation objected to by the Administration, the ApC found it impossible to accept that two deviations from actual official figures were grave enough to be capable of justifying refusal of publication.
- Staff representatives may criticise the Office’s policies and actions, even sharply, as long as the language used is not injurious or defamatory, albeit robust. This is rather to be seen as a manifestation of the political jousting between management and staff bodies that is part and parcel of the life of a healthy International Organisation.
- It is essential for staff members to have knowledge of the various positions discussed between the Administration and the Staff Committee on matters of general interest for staff. This ensures that the Administration can be exposed to a degree of accountability to staff for policy decisions affecting them.
The ApC unanimously concluded that censorship was neither appropriate nor proportionate and that the refusal to publish both documents was tainted by illegality.
In addition it also found aggravating circumstances in the way how the Office handled the CSC requests, by delaying a response and then failing to respond altogether. The ApC also had “some difficulty in understanding” the Administration when it then raised a receivability objection with no serious arguments at the appeal stage.
The case illustrates the incontrovertible fact that the delays in the internal justice system make judicial redress of abuse of power by the Administration an illusory exercise in many cases, especially in cases of censorship. This is why we usually also make our publications available to the two unions for them to publish them as well, if they so wish. However, to be fair, the current President of the Office has been much more liberal than his predecessor as far as publications by the Staff Committee(s) are concerned.
The Central Staff Committee
Recent Techrights' Posts
- Technical Specifications at Times of Tyrannies
- Specifications (specs) must evolve with the times
- In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
- In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
- Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
- Links for the day
- The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
- A preliminary look at the timeline and what it tells us
- Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
- Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
- The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
- When did 'IT' become a weapon rather than technology/science?
- Things to Like About London
- Many important or "powerful" people leave near there
-
- Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
- Links for the day
- Microsoft Admits Business Perils as Windows Continues to Fall
- ‘Microsoft missed the biggest business model…’
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Sunday, February 23, 2025
- IRC logs for Sunday, February 23, 2025
- Links 23/02/2025: Democracy Backsliding and German Election
- Links for the day
- Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
- Reprinted with permission from Daniel Pocock
- Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
- Links for the day
- Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
- Links for the day
- Recent Improvements in Techrights
- minimalism works fine when the main goal is to relay information
- Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
- Serial Sloppers
- Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
- Reprinted with permission from Daniel Pocock
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Saturday, February 22, 2025
- IRC logs for Saturday, February 22, 2025
- Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
- Links for the day
- Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
- Links for the day
- Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
- Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
- Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
- Whose terrible idea was it?
- Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
- Links for the day
- Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
- Links for the day
- Microsoft's Market Share in Cameroon Falls to New Lows
- This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, February 21, 2025
- IRC logs for Friday, February 21, 2025
- The Streisand Effect is Real
- So don't be evil. Also, don't strangle women.