Writen question by Raül Romeva on the Reform of the Terrorist List System
On 12 December 2006, the European Court of First Instance handed down a first judgment on the EU terrorist list system originated by Council Common Position 2001/931/CFSP, in the case Organisation des Moujahedines du Peuple de l'Iran (OMPI) vs. Council (T-228/02, since followed by further rulings. The court stated that "certain fundamental rights and safeguards, including the right to a fair hearing, the obligation to state reasons and the right to effective judicial protection" have not been safeguarded. Recently a British court has ordered the British government to remove the OMPI from the British list, which was at the origin of the blacklisting decision on the European level. The case of the OMPI is only one example highlighting the shortcomings of the system.
Although the European Court of First Instance only ruled against the practice of the EU terrorist list, the same arguments hold up even more strongly for the practice of the UN list (originated with Security Council Resolution 1267(1999)). On 5 June, the European Parliament called on the Council to initiate reform of the practice of both sanctions lists.
As the Court Ruling implies that the EU practice of terrorist lists is in breach with EU legislation concerning the rule of law and the safeguard of fundamental human rights:
What has the Council done to review its procedures in a systematic way?
Will the same measures apply to all cases on the list pursuant to EC regulation 2580/2001 in all its updates, past present and future?
Will the Council consider a system to allow for democratic scrutiny of the reasons to move organisations and individuals on the terrorist list?
Can the Council provide any evaluation of the backlist system, its efficiency in combating terrorism versus its drawbacks in listing organisations or individuals who might be important actors for a conflict solution such as in Palestine or Sri Lanka?
Will there be any joint Council initiative within the UN Security Council in order to revise the UN sanctions system pursuant to United Nations Security Council Resolution 1267 (1999) and 1390 (2002)?
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