By Jonathan Winer
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 ...
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 ...
Source: Counterterrorism Blog
Posts
