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You can find the current article at its original source at https://www.theguardian.com/global-development/2018/aug/16/un-accused-hindering-inquiry-alleged-sexual-assault-india-official-diego-palacios-prashanti-tiwari
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| UN accused of hindering inquiry into alleged sexual assault by India official | UN accused of hindering inquiry into alleged sexual assault by India official |
| (3 months later) | |
| The UN has been accused of obstructing a police investigation in India following claims of sexual assault against one of its senior officials. | The UN has been accused of obstructing a police investigation in India following claims of sexual assault against one of its senior officials. |
| Prashanti Tiwari, who says she was sexually harassed and groped while working for an organisation contracted by the UN population fund, UNFPA, said the agency had tried to block a criminal investigation by claiming immunity for its staff, including the alleged perpetrator. | Prashanti Tiwari, who says she was sexually harassed and groped while working for an organisation contracted by the UN population fund, UNFPA, said the agency had tried to block a criminal investigation by claiming immunity for its staff, including the alleged perpetrator. |
| Tiwari alleges she was assaulted by Diego Palacios, the division’s representative for India. | Tiwari alleges she was assaulted by Diego Palacios, the division’s representative for India. |
| The 30-year-old reported the allegations to the police. Among them were claims that Palacios groped her while they were in a lift together, and asked for sexual favours in return for a work contract. | The 30-year-old reported the allegations to the police. Among them were claims that Palacios groped her while they were in a lift together, and asked for sexual favours in return for a work contract. |
| After an internal investigation, the UNFPA concluded on Friday that the allegations were unsubstantiated. | After an internal investigation, the UNFPA concluded on Friday that the allegations were unsubstantiated. |
| Tiwari told the Guardian that Palacios made an unannounced visit to her office in Bihar, where she worked for the Voluntary Health Association, in March last year. | Tiwari told the Guardian that Palacios made an unannounced visit to her office in Bihar, where she worked for the Voluntary Health Association, in March last year. |
| She alleges he stroked her hips and later implored her to attend an event at a hotel, where he offered her a contract in exchange for what she understood to be sexual favours. | She alleges he stroked her hips and later implored her to attend an event at a hotel, where he offered her a contract in exchange for what she understood to be sexual favours. |
| “He asked how long I’d been a single mother, which offended me – but I felt obliged to respond … he said: ‘You must have your own needs.’ | “He asked how long I’d been a single mother, which offended me – but I felt obliged to respond … he said: ‘You must have your own needs.’ |
| “Then he said we could find a mutual agreement, and if I was able to ‘satisfy his needs’ I would be taken to ‘new heights’ and rewarded with a career at the UNFPA.” | “Then he said we could find a mutual agreement, and if I was able to ‘satisfy his needs’ I would be taken to ‘new heights’ and rewarded with a career at the UNFPA.” |
| She added: “When we were left in the lift with one other person, [Palacios] stood close and groped my breast. I broke down in tears and the other person said: ‘Are you OK, why are you crying?’” | She added: “When we were left in the lift with one other person, [Palacios] stood close and groped my breast. I broke down in tears and the other person said: ‘Are you OK, why are you crying?’” |
| In January Tiwari was offered a short-term contract for UNFPA but declined the offer as she did not want to work under Palacios. | In January Tiwari was offered a short-term contract for UNFPA but declined the offer as she did not want to work under Palacios. |
| “I realised the power of this man and how vulnerable I was,” said Tiwari. “But people like Diego, who abuse their power and treat women like commodities, should be punished.” | “I realised the power of this man and how vulnerable I was,” said Tiwari. “But people like Diego, who abuse their power and treat women like commodities, should be punished.” |
| Tiwari filed a complaint to Bihar police in February. But Palacios is yet to be interviewed. | Tiwari filed a complaint to Bihar police in February. But Palacios is yet to be interviewed. |
| The legal adviser for campaign group Code Blue, Sharanya Kanikkannan, said: “The things she alleges are illegal under criminal law in India and she wants to be heard in a court in her country. But the UN has inserted itself into a criminal process, commencing and concluding its own investigation in order to stall official police enquiries.” | The legal adviser for campaign group Code Blue, Sharanya Kanikkannan, said: “The things she alleges are illegal under criminal law in India and she wants to be heard in a court in her country. But the UN has inserted itself into a criminal process, commencing and concluding its own investigation in order to stall official police enquiries.” |
| Tiwari wrote to India’s ministry of external affairs in February, petitioning the government to lift Palacios’s immunities. | Tiwari wrote to India’s ministry of external affairs in February, petitioning the government to lift Palacios’s immunities. |
| Two weeks later, in an apparent response to a request for information, the UNFPA wrote to the ministry saying Palacios and two other UNFPA employees were “immune from legal process in respect … of acts performed by them in their official capacity, unless and until the secretary general of the United Nations has decided to waive their immunity”. | Two weeks later, in an apparent response to a request for information, the UNFPA wrote to the ministry saying Palacios and two other UNFPA employees were “immune from legal process in respect … of acts performed by them in their official capacity, unless and until the secretary general of the United Nations has decided to waive their immunity”. |
| The letter added: “To our knowledge no such request has been transmitted … and the aforementioned officials have not been waived.” | The letter added: “To our knowledge no such request has been transmitted … and the aforementioned officials have not been waived.” |
| Stéphane Dujarric, spokesman for UN secretary general António Guterres, told the Guardian: “The government has not formally requested a waiver of any applicable immunity and the organisation has not raised immunity as a bar to the investigation by the Indian authorities. UNFPA has consulted with the secretariat on this matter.” | Stéphane Dujarric, spokesman for UN secretary general António Guterres, told the Guardian: “The government has not formally requested a waiver of any applicable immunity and the organisation has not raised immunity as a bar to the investigation by the Indian authorities. UNFPA has consulted with the secretariat on this matter.” |
| Dujarric said the UN had confirmed to the government that Palacios held functional immunity, adding that it could not be determined whether it would apply in this case until a waiver request was received. | Dujarric said the UN had confirmed to the government that Palacios held functional immunity, adding that it could not be determined whether it would apply in this case until a waiver request was received. |
| “UN staff members are not covered by immunity for acts that constitute crimes, including sexual harassment,” he said. | “UN staff members are not covered by immunity for acts that constitute crimes, including sexual harassment,” he said. |
| Kanikkannan said the UN had done the bare minimum: “The UNFPA had an obligation to truthfully consider and answer the immunity question. That response should have included the secretary general’s statement that immunity does not apply to sexual crimes.” | Kanikkannan said the UN had done the bare minimum: “The UNFPA had an obligation to truthfully consider and answer the immunity question. That response should have included the secretary general’s statement that immunity does not apply to sexual crimes.” |
| Kanikkannan said: “If the UN chose to demonstrate it has ‘zero tolerance’ for sexual abuse, it could proactively address the issue of immunity and get this case into court tomorrow.” | Kanikkannan said: “If the UN chose to demonstrate it has ‘zero tolerance’ for sexual abuse, it could proactively address the issue of immunity and get this case into court tomorrow.” |
| Last month, the UNFPA said Palacios could be interviewed by the Indian authorities – but only on UNFPA premises, with a UN official present. | Last month, the UNFPA said Palacios could be interviewed by the Indian authorities – but only on UNFPA premises, with a UN official present. |
| The UNFPA has now closed its internal investigation. A confidential report by its office of audit and investigation services [OAIS] concluded there was “insufficient clear and convincing evidence to prove Mr Palacios sexually harassed Ms Tiwari”. | The UNFPA has now closed its internal investigation. A confidential report by its office of audit and investigation services [OAIS] concluded there was “insufficient clear and convincing evidence to prove Mr Palacios sexually harassed Ms Tiwari”. |
| The report’s investigators confirmed that they did not have the access or authority to interview several witnesses pertinent to the case. | The report’s investigators confirmed that they did not have the access or authority to interview several witnesses pertinent to the case. |
| In a letter, the UNFPA told Tiwari it had sent a copy of its report to the Indian government. | In a letter, the UNFPA told Tiwari it had sent a copy of its report to the Indian government. |
| Tiwari said: “The agency had no jurisdiction to assess these criminal allegations yet, in sending its findings to the authorities, my case could be prejudiced. I’m broken financially and emotionally. I have no job, no compensation but all I’m asking for is justice.” | Tiwari said: “The agency had no jurisdiction to assess these criminal allegations yet, in sending its findings to the authorities, my case could be prejudiced. I’m broken financially and emotionally. I have no job, no compensation but all I’m asking for is justice.” |
| The secretary general’s office said it had given permission for interviews with its staff to take place, adding it was standard practice for these to take place on UN premises. | The secretary general’s office said it had given permission for interviews with its staff to take place, adding it was standard practice for these to take place on UN premises. |
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