Examples of using Fact-finding function in English and their translations into Arabic
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Some suggested that the fact-finding function should follow the lines of article 20 of the Convention against Torture.
Regarding the task of the Conciliation Commission,his delegation welcomed the inclusion of a fact-finding function as one of its tasks(art. 57, para. 2).
With the abolition, in July 2009, of thejoint disciplinary committees, which performed a fact-finding function under the old system, the Disciplinary Unit is now responsible for undertaking more consultations with the relevant investigative entities, increasing the amount of time required to handle disciplinary cases.
As the Secretary-General's Report of 2 May 1991(S/22559), which laid the foundation for the creation of the Commission, noted, the Commission is not an arbitral tribunal before which parties appear;rather it performs an essentially fact-finding function of examining and verifying claims and evaluating the quantum of losses.
Consequently, it is emphasized in paragraph 14(b)of the resolution that when exercising his fact-finding functions, including through country visits, the Special Rapporteur shall give special attention to areas not covered by existing mandate holders.
The working group considers that for the purpose of discharging their functions, treaty bodies are competent to assess the validity of reservations and, in the event, the implications of a finding of invalidity of a reservation,particularly in the examination of individual communications or in exercising other fact-finding functions in the case of treaty bodies that have such competence.
This evidentiary burden on category“D” claimantsmust also be balanced with the inherent fact-finding function of the Commission in general and of panels of Commissioners in particular.
With the abolition, in July 2009, ofthe joint disciplinary committees, which performed a fact-finding function under the old system, the Disciplinary Unit is now responsible for undertaking more consultations with the relevant investigative entities, increasing the amount of time required to handle disciplinary cases.
In his report, the Secretary-General described the function of the Commission as follows:“The Commission is not a court or an arbitral tribunal before which the parties appear;it is a political organ that performs an essentially fact-finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims.
Article 57 Regarding the task of the Conciliation Commission, the inclusion of a fact-finding function as one of its tasks was welcomed since fact-finding was very important in elucidating the truth with impartiality, which was why any obstacles to the effective functioning of that independent commission should be removed.
(b) With respect to the investigation process, the Committee notes that training for programme managers is being designed by the Office of Internal Oversight Services(see A/63/314, para. 23) and that standard operating procedures will be developed by theOffice of Human Resources Management for investigations and fact-finding functions conducted under the authority of programme managers(ibid., paras. 30-33).
In the first instance,the WTO Secretary-General and the technical services of the organization carry out a fact-finding function among parties in a dispute, the result of which is then submitted to the Committee for its consideration.
The role and tasks of a panel of Commissioners operating within the Commission's framework are set forth in the Secretary-General's report to the Security Council dated 2 May 1991 as follows:“The Commission is not a court or an arbitral tribunal before which the parties appear;it is a political organ that performs an essentially fact-finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims.
The Commission is not a court or an arbitral tribunal before which the parties appear;it is a political organ that performs an essentially fact-finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims. It is only in this last respect that a quasi-judicial function may be involved.
In discharging its mandate, the Panel has borne in mind the observations of the Secretary-General of the United Nations, in his report of 2 May 1991 to the Security Council, that:" The Commission is not a court or an arbitral tribunal before which the parties appear;it is a political organ that performs an essentially fact-finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims.
The facts and circumstances relevant to the events of April and May 2006 37. The narrative of the events which follows is the product of the first component of the mandate of the Commission andthe result of its fact-finding function. It is based upon all of the material which the Commission received, being in excess of 200 statements of witnesses interviewed by the Commission, and 2,000 other documents and pieces of material.
OHCHR. Implementation of the Policy Committee decision on integration of human rights in United Nations peace missions, by developing policies and strategies to ensure that human rights are integrated in the conceptualization, strategies and implementation of peace missions(including the trial monitoring function, human rights monitoring functions, fact-finding functions and investigation functions), during a conflict and in a post-conflict situation, for the benefit of components of peacekeeping operations.
The Commission is not a court or an arbitral tribunal before which the parties appear;it is a political organ that performs an essentially fact-finding function of examining claims, verifying their validity, evaluating losses, assessing payments and resolving disputed claims.
We have also declared our profound regret at the Israeli decision not to implement Security Council resolution 1405(2002)by receiving the fact-finding team set up to perform that function.
Furthermore, paragraph 65 of the report, referring to the allegations of organ trafficking,stated that reversing the onus of proof was entirely incompatible with the function of human rights fact-finding and with the Government ' s own responsibility to investigate, prosecute and punish.
Argentina was one of 72 States thathad accepted the competence of the International Humanitarian Fact-Finding Commission, which could fulfill its function of investigating violations of international humanitarian law only if such was the case for all the parties concerned.
Even so, given the often complex nature of the complaints andthe due process requirements of preliminary fact-finding, additional resources will be required to implement that function effectively.
The preventive function of truth commissions has widened(in theory) alongside the expansion of" fact-finding".
Human rights monitoring, fact-finding and investigation is a core aspect of the protection mandate of OHCHR and a function of most of its human rights field presences.
A detailed procedure for the appointment and functioning of the proposed fact-finding commission should be included.
It requires further elaboration, by way of an annex,on the manner and means of the constitution and functioning of the fact-finding commission.
The Joint Disciplinary Committees functioned as fact-finding bodies, and made recommendations to the Secretary-General as to the disposition of disciplinary cases, following which a decision was taken on cases.
It can identify and arrange the services of legalexperts from the Asian African regions to undertake fact-finding missions and other functions related to the peaceful settlement of disputes.
The point was made that the details concerning the composition and functioning of the fact-finding commission could be laid down in a separate annex and that the provisions of article 33 of the 1997 Convention might serve as a model in this respect.
In the performance of this important function, the role of OAU will encompass such areas as preventive diplomacy, including fact-finding, confidence-building, good offices, peacemaking and peace building.