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COURT OF JUSTICE ANNULS EU DECISION TO MAINTAIN JOSE MARIA SISON IN THE "EU TERRORISM LIST"
ECCHR! EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS
EU TERRORIST LIST
http://www.ecchr.de/terror_lists/articles/court-annuls-desicion.html
In a judgment with far-reaching implications, the Court of First Instance
of the European Communities (CFI) has annulled the Council acts freezing
Jose Maria Sison's funds and including him in the EU "terrorist list".
Mr. Sison, represented among others by ECCHR's general secretary
Wolfgang Kaleck, was first included in the list in October 2002. In
2007 the CFI ruled that the inclusion of Sison in the list contravened
his right to a fair trial as guaranteed by Article 6 of the European
Convention on Human Rights because the Council had failed to provide
him with any reasons for the sanctions and denied him an opportunity
to respond to the allegations.
In response to the ruling the EU issued Mr. Sison with a "statement of
reasons" explaining its decisions and maintaining him in the list. His lawyers
then issued a new application refuting all of the allegations in the statement
and arguing that the EU had in effect relied on executive decisions by
the Dutch government.
EU law requires any Council decision to include a group or individual on
the EU terrorist list to be based on a 'decision taken by a competent
authority' concerning the investigation, attempt to commit or commission
of terrorist acts. This decision must in turn be based on 'credible evidence'.
On 30 September 2009, the Court ruled that the national decisions relied
upon by the Council in order to freeze the applicant's funds did not relate
either to the instigation of investigations or prosecution or to a conviction
for terrorist activity, contrary to the requirements of Community law.
The Court was unequivocal in its ruling that the Dutch government's
decisions clearly do not involve any 'conviction' of Mr Sison, nor do they
amount to decisions to instigate investigations or prosecute for a terrorist
act.
The judgment has far-reaching implications insofar as it sets a precedent
for the EU Courts to examine the substance of the allegations against
groups and individuals on the "terrorism list".
Ben Hayes, program manager to ECCHR´s Counterterrorism and Human
Rights programme, comments:
"This is a welcome ruling that dispels the notion that people can be
designated as "terrorists" by the EU on the mere say so of a member
state government. The Court has effectively ruled that executive decisions
of this nature have no place in a Europe committed to fundamental rights".
ECJ Press release Sison Judgment.pdf (50.8 kB)
ECJ Sison Judgment 2009-09-30.pdf (222.3 kB)
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