News & events
17-06-2009
Recent articles relating to terrorist lists
Compiled by Statewatch
EU renews terrorist list - Common Position 2009/468/CFSP of 15 June 2009 <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:151:0045:0050:EN:PDF> (pdf)
Court of First Instance follows Kadi and annuls annulled the listing of Omar Mohammed Othman (aka Abu Qatada) <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:151:0045:0050:EN:PDF> (Court Press release, 11.6.09 pdf): Despite the ruling it is explicitly assumed that the Council will now re-list him following the new procedures introduced in the light of Kadi. The full text of the judgment <http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=T-318/01> is available here.
Blocking Faith, Freezing Charity: Charitable Giving and the "War on Terrorism Financing" <http://www.aclu.org/intlhumanrights/nationalsecurity/39251res20090616.html> : The American Civil Liberties Union has released a comprehensive report documenting the consequence of U.S. government actions on American Muslims' exercise of their right to profess and practice their religion through charitable giving. The ACLU's research shows that U.S. terrorism financing policies and practices are seriously undermining American Muslims' protected constitutional liberties and violating their fundamental human rights to freedom of religion, freedom of association, and freedom from discrimination.
Libyan included on UN sanctions list submits new case at EU Court <http://register.consilium.europa.eu/pdf/en/09/st10/st10806.en09.pdf> (pdf): Case T-127/09, Abdulbasit Abdulrahim v. Council of the European Union and Commission of the European Communities.
Staggering 65-year sentences given to Directors of US Charity in Hamas aid case <http://english.aljazeera.net/news/americas/2009/05/200952716493166404.html> (Al Jazeera, 28.5.2009): A US court has sentenced the former heads of a Muslim charity to 65 years in prison for providing aid to the Palestinian group Hamas. The sentences have been appealed. See also ACLU: Designating Non-Profits As Terrorist Organizations Without Due Process Undermines Security And Humanitarian Aid <http://www.aclu.org/safefree/discrim/38853prs20090227.html?s_src=RSS> (link, American Civil Liberties Union press release, 27.2.02) and "Terror Prosecutions Shed More Heat Than Light <http://www.antiwar.com/ips/fisher.php?articleid=12151> " on a previous prosecution of the Holy Land Foundation for 'material support' for terrorism.
USA: Justice Dept. Finds Flaws in F.B.I. Terror List <http://www.nytimes.com/2009/05/07/us/07terror.html?_r=2&emc=eta1> (link: NY Times, 6.5.09): The Federal Bureau of Investigation has incorrectly kept nearly 24,000 people on a terrorist watch list on the basis of outdated or sometimes irrelevant information, while missing people with genuine ties to terrorism who should have been on the list.
Overdue Process: Protecting Human Rights while Sanctioning Alleged Terrorists <http://www.ciaonet.org/pbei/kroc/0016501/f_0016501_14257.pdf> (pdf): Report from CORDAID arguing that practices used by the United Nations Security Council in the name of countering terrorism have led to serious concerns about violations of human rights and limitations on the work of civil society groups. The use of blacklisting has eroded due process rights and discredited elements of the international fight against terrorism. Enhanced efforts to create clear and fair listing procedures are urgently needed and long overdue.
Home Office publishes list of 'bad people' banned from entering the UK <http://www.guardian.co.uk/politics/2009/may/05/list-of-people-banned-from-britain/print> (link, Guardian 5.6.09). See alsoShock jock banned from UK vows to sue Jacqui Smith <http://www.guardian.co.uk/politics/2009/may/06/michael-savage-sue-jacqui-smith/print> (link, Guardian 6.6.09).
European Parliament Study: Overview of European and international legislation on terrorist financing <http://www.statewatch.org/news/2009/apr/ep-study-eu-int-legis-terrorist-financing.pdf> (pdf)
Lawsuits Challenge Charity Blacklisting <http://www.antiwar.com/ips/fisher.php?articleid=14348> (link, antiwar.com, March 2004): In two court cases that could test the limits of the Barrack Obama administration's executive authority as well as its commitment to transparency, human rights lawyers are challenging the government's right to use information obtained through warrantless wiretapping as evidence and to shut down charitable organizations without allowing them to defend themselves. In one case, the government shut down the Al-Haramain Islamic Foundation, a Saudi charity, in 2004, allegedly using information obtained though illegal wiretaps. In the other, also involving a Muslim-oriented charity, the American Civil Liberties Union (ACLU) is challenging the constitutionality of government programs that designate organizations as "terrorists" and close them down without providing these groups a way to contest the decision in court.
Multilateral Sanctions Against Terror Suspects and the Violation of Due Process Standards <http://www.chathamhouse.org.uk/publications/ia/archive/view/-/id/2368/> (International Affairs, Chatham House, March 2009): Report by Monika Heupel finds that "that court decisions and proceedings and, in the case of the UN, falling commitment from member states, have prompted the UN Security Council and the Council of the EU to implement limited reforms. However, courts did not challenge the sanctions regimes per se and there was no substantial pressure from civil society actors. Moreover, owing to the competences and working methods of the UN Security Council and the Council of the EU, powerful member states could fairly easily deflect reform proposals from disaffected states and other UN and EU bodies". See also UN and EU Sanctions: Human Rights and the Fight Against Terrorism - The Kadi Case <http://www.chathamhouse.org.uk/research/international_law/papers/view/-/id/699/> , International Law Discussion Group Summary Chatham House, February 2009.
For previous updates see: http://www.statewatch.org/terrorlists/terrorlists.html
Court of First Instance follows Kadi and annuls annulled the listing of Omar Mohammed Othman (aka Abu Qatada) <http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:151:0045:0050:EN:PDF> (Court Press release, 11.6.09 pdf): Despite the ruling it is explicitly assumed that the Council will now re-list him following the new procedures introduced in the light of Kadi. The full text of the judgment <http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=T-318/01> is available here.
Blocking Faith, Freezing Charity: Charitable Giving and the "War on Terrorism Financing" <http://www.aclu.org/intlhumanrights/nationalsecurity/39251res20090616.html> : The American Civil Liberties Union has released a comprehensive report documenting the consequence of U.S. government actions on American Muslims' exercise of their right to profess and practice their religion through charitable giving. The ACLU's research shows that U.S. terrorism financing policies and practices are seriously undermining American Muslims' protected constitutional liberties and violating their fundamental human rights to freedom of religion, freedom of association, and freedom from discrimination.
Libyan included on UN sanctions list submits new case at EU Court <http://register.consilium.europa.eu/pdf/en/09/st10/st10806.en09.pdf> (pdf): Case T-127/09, Abdulbasit Abdulrahim v. Council of the European Union and Commission of the European Communities.
Staggering 65-year sentences given to Directors of US Charity in Hamas aid case <http://english.aljazeera.net/news/americas/2009/05/200952716493166404.html> (Al Jazeera, 28.5.2009): A US court has sentenced the former heads of a Muslim charity to 65 years in prison for providing aid to the Palestinian group Hamas. The sentences have been appealed. See also ACLU: Designating Non-Profits As Terrorist Organizations Without Due Process Undermines Security And Humanitarian Aid <http://www.aclu.org/safefree/discrim/38853prs20090227.html?s_src=RSS> (link, American Civil Liberties Union press release, 27.2.02) and "Terror Prosecutions Shed More Heat Than Light <http://www.antiwar.com/ips/fisher.php?articleid=12151> " on a previous prosecution of the Holy Land Foundation for 'material support' for terrorism.
USA: Justice Dept. Finds Flaws in F.B.I. Terror List <http://www.nytimes.com/2009/05/07/us/07terror.html?_r=2&emc=eta1> (link: NY Times, 6.5.09): The Federal Bureau of Investigation has incorrectly kept nearly 24,000 people on a terrorist watch list on the basis of outdated or sometimes irrelevant information, while missing people with genuine ties to terrorism who should have been on the list.
Overdue Process: Protecting Human Rights while Sanctioning Alleged Terrorists <http://www.ciaonet.org/pbei/kroc/0016501/f_0016501_14257.pdf> (pdf): Report from CORDAID arguing that practices used by the United Nations Security Council in the name of countering terrorism have led to serious concerns about violations of human rights and limitations on the work of civil society groups. The use of blacklisting has eroded due process rights and discredited elements of the international fight against terrorism. Enhanced efforts to create clear and fair listing procedures are urgently needed and long overdue.
Home Office publishes list of 'bad people' banned from entering the UK <http://www.guardian.co.uk/politics/2009/may/05/list-of-people-banned-from-britain/print> (link, Guardian 5.6.09). See alsoShock jock banned from UK vows to sue Jacqui Smith <http://www.guardian.co.uk/politics/2009/may/06/michael-savage-sue-jacqui-smith/print> (link, Guardian 6.6.09).
European Parliament Study: Overview of European and international legislation on terrorist financing <http://www.statewatch.org/news/2009/apr/ep-study-eu-int-legis-terrorist-financing.pdf> (pdf)
Lawsuits Challenge Charity Blacklisting <http://www.antiwar.com/ips/fisher.php?articleid=14348> (link, antiwar.com, March 2004): In two court cases that could test the limits of the Barrack Obama administration's executive authority as well as its commitment to transparency, human rights lawyers are challenging the government's right to use information obtained through warrantless wiretapping as evidence and to shut down charitable organizations without allowing them to defend themselves. In one case, the government shut down the Al-Haramain Islamic Foundation, a Saudi charity, in 2004, allegedly using information obtained though illegal wiretaps. In the other, also involving a Muslim-oriented charity, the American Civil Liberties Union (ACLU) is challenging the constitutionality of government programs that designate organizations as "terrorists" and close them down without providing these groups a way to contest the decision in court.
Multilateral Sanctions Against Terror Suspects and the Violation of Due Process Standards <http://www.chathamhouse.org.uk/publications/ia/archive/view/-/id/2368/> (International Affairs, Chatham House, March 2009): Report by Monika Heupel finds that "that court decisions and proceedings and, in the case of the UN, falling commitment from member states, have prompted the UN Security Council and the Council of the EU to implement limited reforms. However, courts did not challenge the sanctions regimes per se and there was no substantial pressure from civil society actors. Moreover, owing to the competences and working methods of the UN Security Council and the Council of the EU, powerful member states could fairly easily deflect reform proposals from disaffected states and other UN and EU bodies". See also UN and EU Sanctions: Human Rights and the Fight Against Terrorism - The Kadi Case <http://www.chathamhouse.org.uk/research/international_law/papers/view/-/id/699/> , International Law Discussion Group Summary Chatham House, February 2009.
For previous updates see: http://www.statewatch.org/terrorlists/terrorlists.html