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EUROPEAN COURT JUDGMENT REMOVING PROF. JOSE MARIA SISON
FROM THE EU TERRORIST BLACKLIST IS NOW FINAL AND EXECUTORY
International Coordinator-Committee DEFEND
11 December 2009
The judgment of the European Court of First Instance (now called the General
Court under the Lisbon Treaty) removing Prof. Jose Maria Sison last 30 September
2009 from the terrorist blacklist of the European Union and unfreezing his bank
account is now final and executory.
Through its Legal Office, the Council of the European Union has confirmed
today to Jan Fermon, the lead lawyer of Prof. Sison, that it has not lodged
an appeal of the aforesaid judgment to the European Court of Justice within
the prescribed period of appeal of two months and ten days from the date of
judgment. The expiry date for the appeal was yesterday, 10 December 2009.
Prof. Sison has sealed his victory after more than seven years of legal struggle
against the EU terrorist blacklist since he was placed there on 22 October 2002
and was subjected to deprivation of the essential needs of human life and the
violation of his fundamental human rights.
Prof. Sison won his case against the Council of EU before the European Court in
2007 on procedural issues. The court ruled that the Council has violated his rights
to be properly informed of the charge, to be defended by counsel and to seek
judicial protection.
Last 30 September 2009, Prof. Sison won his case on substantive issues. The
court ruled that he was never investigated, prosecuted nor convicted for any
specific act of terrorism and that passing and incidental statements in Dutch
court judgments actually favorable to him on his asylum case from 1992 to 1997
and on the unproven murder charge against in 2007 did not make him a terrorist.
The 30 September judgment of the European court in favor of Prof. Sison is a
brilliant landmark decision. It is a standard for preventing the arbitrariness of
European governments in blacklisting individuals, organizations and other entities
as terrorists and for upholding and respecting their human rights. It is a blow
on trends of fascism in Europe which have been growing in the name of
anti-terrorism.
With the 30 September judgment having become final and executory, the
case of Prof. Sison against the Council of EU can move forward to the stage
of determining what compensation shall be made to his lawyers and to him
for the deprivations, violations of rights and moral and material damages that
he has suffered for more than seven years.
Prof. Sison's battery of lawyers includes Jan Fermon from Belgium, Romeo T.
Capulong of the Philippines, Hans Eberhard Schultz and Wolfgang Kaleck of
Germany, Antoine Comte of France and Dundar Gurses of The Netherlands.
Rachel F. Pastores of the Public Interest Law Center and Bernard Tomlow,
Dutch lawyer of the NDF International Office, have provided legal cooperation.###
For reference please contact:
Ruth de Leon
International Coordinator-Committee DEFEND
Email: [email protected]
Telephone: 00-31-30-8895306
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