PESHAWAR, June 26: Three officials of the United Nations High Commissioner for Refugees (UNHCR), including its regional head, have failed to appear in a civil suit before the court of a senior civil judge here, claiming immunity from legal process.
The UNHCR has claimed that unless the UN secretary-general waive immunity of the three officials, they could not be prosecuted.
The court, presided over by Shahid Khan, fixed July 8 for next hearing. During the last hearing, the court had issued a proclamation asking them to appear in person or through their attorney.
On July 8, another court of judicial magistrate Hafiz Naseem Akbar will also take up for hearing of a criminal complaint filed by a former employee of the UNHCR against the three officials and will decide whether they are immune from prosecution.
The complainant, Ghalib Baryalai, a former resettlement case worker, had filed a criminal complainant as well as a civil suit for damages before courts of judicial magistrate and senior civil judge, respectively.
The complainant had charged the three officials — regional head of UNHCR Masti Notez, security in charge Jan Fischer and another official Shahnaz Parveen — of keeping surveillance on his house, trespassing, harassment, etc.
The court had received a letter from the high court, which had been drafted by UNHCR branch office, Islamabad, and was addressed to the ministry of foreign affairs.
The letter, drafted on June 5, states that the officials enjoy immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity.
The letter further says that the distinction between acts performed in an official capacity and those performed in any private capacity is a question of fact, which depends on the circumstances of the particular case and it is the exclusive responsibility of the secretary-general to determine the extent of the duties and functions of United Nations officials.
Advocates Asadullah Marwat and Syed Asif Ali Shah appeared for the plaintiff and contended that it was not part of the official responsibility of the UNHCR officials to force their way into residence of a person and hit him with fists and blows.
They added that the officials were only immune in respect of spoken or written words and not for their personal acts resulting in violation of law.
The complainant had also informed the court of the judicial magistrate that the contract of one of the defendants, Fischer, would expire on June 30, following which he would leave the country. He added that as he was the prime accused, therefore once he left the country it would be difficult to prosecute him.
The complainant, resident of Gulshanabad Colony, Arbab Road, had claimed that Ms Notez was having some grudges against him due to which they were not in good terms with each other.
He stated that on her directives the surveillance of his residence was started from the nearby residence of Ms Shahnaz, who was his neighbour and was also working in the UNHCR.
The plaintiff stated that when he came to know about that act of the defendants he sent a complaint to the Inspector General Office in Geneva over which an inquiry was started.