European Central Bank In FrankfurtEU High Court Invalidates Sanctions Against Al Qaeda
--Counter Terrorism Blog
--Counter Terrorism Blog
In a devastating blow to existing international financial sanctions against terrorist groups, the EU's highest court has today overturned the sanctions program imposed by the European Union on Osama bin Laden, Al-Qaeda and the Taliban. The ruling by the European Court of Justice annulled the EU's freezing of the funds of Yassin al-Kadi, a Saudi businessman who has been on terrorist financier black-lists since his listing as a "Specially Designated Global Terrorist" by the U.S. Treasury in October 2001.
The ruling only immediately affects Al-Kadi and the charity Al Barakaat, also alleged to have funded Al-Qaeda, and defers the release of their assets 90 days to give the EU the opportunity to come up with a new sanctions regime that provides the due process rights which the Court were not present in the existing EU regulation. But at first reading, it appears essentially to end the ability of the EU to impose economic sanctions against terrorists -- or anyone else -- in the absence of providing the designated person the opportunity to be heard in some kind of contested proceeding, followed by a process of judicial review. What would be required in such a proceeding to make an asset freeze lawful in the EU, and the extent to which assets may be held temporarily prior to such a hearing or process is not spelled out.
Read more ....
More News On The Unfreezing Of Al Qaeda Assets
EU court overturns asset freeze of Saudi suspect -- International Herald Tribune
EU court unfreezes assets of Saudi suspect -- Business Week
EU court overturns asset freezes -- The Globe and Mail
EU court rules on suspected terror funds -- Financial Times
EU court threatens to annul terror funds freeze -- EUBusiness
Court Says EU Violated Rights of Two Al Qaeda Suspects -- Deutsche Welle
Court says EU violated rights of two al-Qaeda suspects - Summary -- Earth Times
My Comment: This has the possibility of boomeranging back at the European Court and Europe's Governments. It sends out the wrong message .... and more importantly .... it will make it easier for supporters of Al Qaeda (of which there are many in Europe) to raise funds and provide financial and logistical support to Al Qaeda and their allies.
On paper, the accused must have the right to confront those who wish to freeze their assets .... this sounds logical and reasonable. A point that the European Court stresses in their judgement. But the funding of terrorist groups and terrorist activities are not so clear cut.
The funds used for supporting the 9/11 hijackers is a case in point. Their financial support came from numerous legitimate and charitable organizations. To freeze those assets would never have occurred .... before 9/11 .... under the guidelines and provisions that the European Court now stresses that police forces must follow.