The notion of justice at today's EPO is about as farcical as the above (if not a lot worse for numerous reasons)
WHAT apparently began with an attack on a truth-telling judge has developed into an Office-wide (if not Organisation-wide) crisis. Putting Željko Topić in a position of power was a terrible mistake all along and right now Battistelli just wages a war on truth itself. By doing so Battistelli made himself -- not Željko Topić -- enemy number one at the Office. "Apparently," one person told us, "SUEPO has a post-Battistelli exit party fund [...] this is extremely "end game" now..."
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(also in other languages) because it shows to what lengths Team Battistelli goes to prevent lawsuits against the Office (i.e. itself). The Techrights translation of the article helped show a barracks mentality in today's EPO, one that defames perceived enemies and tries to destroy their lives with bogus 'trials'. "Regarding my question (not opinion) about the closure of the disciplinary case," one person wrote today about the judge: "Isn't it so that a decision has been taken, that is, NOT to propose dismissal? That is a decision, on whatever grounds, substantive or not. There are plenty cases outside the EPO where a decision was taken on procedural grounds and it is not possible to reopen the case once a final decision has been taken, regardless if that was done on procedural or on substantive grounds. And yes, by taking this decision the member remains in limbo because there is nothing foreseen to reinstate him. What an incredible mess."
The EPO president is used to face the weak Administrative Tribunal of the ILO. The ILOAT never organises Oral proceedings. There are no witnesses, no facts finding. The procedure is all but transparent. The file is not public then the Tribunal can easily modify the facts and hide the evidence brought by the staff members. Also, the Tribunal trust the EPO - No need to bring evidence for the EPO.
If the Office explains that the investigation found that Mr X did something wrong. The Tribunal will repeat that the investigation proved that Mr X did that thing wrong. For the Tribunal, the EPO is a fair organisation that never lie. That's why the Tribunal never put in doubt the explanations given by the EPO.
The EPO wins 95 % of the cases in front of the ILOAT.
When the EPO is in front of a real justice, then usually it looses the cases. For example, in front of a Dutch Tribunal or now in front of the Enlarged Board of Appeal.