Via Caribbean Journal: United States Government: UN “Absolutely Immune” in Haiti Cholera Suit. Excerpt:
All of the defendants in the Haiti cholera lawsuit are “immune from legal process and suit,” US Attorney for the Southern District of New York Preet Bharara wrote in a statement of interest submitted to Federal Judge Paul Oetken on Friday.
In a blow to the suit seeking compensation for victims of cholera in Haiti, the United States government, through Bharara, said the United Nations could not be served or sued in the case.
“The UN, including its integral component, defendant the United Nations Stabilization Mission in Haiti, is absolutely immune from legal process and suit absent an express waiver, pursuant to the charter of the United Nations,” Bharara wrote.
“In this case, the UN, including MINUSTAH, has not waived its immunity from legal process and suit, and instead has repeatedly and expressly asserted its absolute immunity.”
Bharara also said that UN Secretary General Ban Ki-moon and former Undersecretary-General for MINUSTAH Edmond Mulet were “similarly immune from legal process and suit,” pursuant to the UN Charter and the Vienna Conventions.
Bharara was writing the statement of interest in response to a Feb. 7 court order concerning whether the plaintiffs had effectively served the United Nations.
Attorneys for the plaintiffs had been seeking, unsuccessfully, to officially serve the United Nations with the lawsuit, which has repeatedly ignored these attempts.
The US is a natural defender of MINUSTAH, since it was a chief instigator of imposing the UN on Haiti in the first place.
Meanwhile, the Haitian Ministry of Public Health and Population hasn't updated its cholera statistics since February 9.