UN's terror list breaches fundamental rights - European Court

[TamilNet, Thursday, 04 September 2008, 11:12 GMT]
Setting aside an earlier ruling of the Court of First Instance, the European Court of Justice (ECJ), Wednesday, annulled the Council Regulation freezing the assets of Yassin Abdullah Kadi, a resident of Saudi Arabia, and the Al Barakaat International Foundation of Sweden, part of the 'Hawala' banking system used by the Somali Diaspora to transfer funds internationally. The ECJ recognised that "the rights of the defence [of those in "terror list"], in particular the right to be heard, and the right to effective judicial review of those rights, were patently not respected."

The two parties were designated by the Sanctions Committee of the United Nations Security Council on 19 October 2001 as being 'associated with Usama bin Laden, Al-Qaeda or the Taleban'. The EU gives affect to the UN Sanctions Committee decision by adopting Regulations incorporating the UN asset-freezing regime into Community law. The EU also maintains its own dedicated 'terrorist list'.

The Court argued that the failure of the EC Regulation incorporating the Security Council's sanctions regime provides to include any procedure for 'communicating the evidence justifying the inclusion of the names of the persons concerned in the list' infringed fundamental rights.

The Court found that the EU Council was competent to adopt the freezing measures, and noted that there could be grounds where the restriction of the right to property could be justified, but ruled that the regulation in question was adopted without furnishing any guarantee enabling Mr Kadi to put his case to the competent authorities. Such a guarantee was, however, necessary in order to ensure respect for his right to property.

Wednesday's judgment is the latest in a series of rulings by the European Court against the EU proscription regime, albeit the first against the UN 'terrorist list'. In December 2006, in a case bought by the People's Mujahadeen of Iran (PMOI), the Court of First Instance found that the EU had denied designated parties the right to a fair hearing in which they could effectively challenge their designation as 'terrorist.'


External Links:
SW: Terror List asset-freeze unlawful: Analysis
Wiki: European Court of Justice
Somali: Police turn over Djibouti offices of firm named by Bush
EU: 2005 Kadi judgement by EU Court of First Instance
Yale: Judicial review of freezing measures
OFAC: Specially Designated Global Terrorists

 

Latest 15 Reports
15.10.19 23:50  
Colombo destroys dairy-farming economy of Eezham Tamils in Batticaloa
14.10.19 23:48   Photo
Tamil parties in North-East stipulate ‘acid test’ terms to SL presidential candidates
13.10.19 22:15   Photo
SL Governor's latest land grab poses danger to archaeological traces of Eezham Tamils
12.10.19 22:23   Photo
Monks step up campaign against Muslims, want to carve out Sinhala colony in Ampaa'rai
11.10.19 22:07   Photo
Vote for Self-Determination, reject major candidates for more effective boycott
10.10.19 23:31   Photo
SL Police intensifies restrictions on Saiva devotees at disputed ‘chaitya’ hilltop in East
09.10.19 20:17  
Indian Coast Guard trespassed into waters off Jaffna, 18 fishers detained since 03 October
08.10.19 18:43  
Divisional Secretary, TNA MPs must act to release Chegnchoalai lands: civil activist
07.10.19 23:12   Photo
Heinous act by HRCSL: former orphans of Chegnchoalai on the brink of losing lands
06.10.19 12:21  
EPDP joins Jaffna protest against desecration of Neeraaviyadi temple
05.10.19 22:06  
Families inheriting lands from parents refused of land registration in Moothoor East
04.10.19 21:50  
SL Archaeology, Police continue to disturb Tamils’ right to worship at Vedukku-naa'ri hilltop
03.10.19 19:16  
Raghavan plans to distribute uncultivatable lands to Tamils to compensate for loss of fertile lands
02.10.19 22:28   Photo
No place for human rights in China’s white paper for future world
01.10.19 18:26  
Genocidal Sri Lanka hits back at UN, claims it passed ‘litmus test’ on human rights in 2019
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=26828