Written answers

Wednesday, 28 February 2007

Department of Foreign Affairs

International Terrorism

10:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 201: To ask the Minister for Foreign Affairs if the Government recognises the ruling of the court of first instance of December 2006 in relation to the PMOI; if the Government supports the ruling; and if he will make a statement on the matter. [7960/07]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Council of the European Union is currently examining its procedures for listing persons and entities, suspected of being involved in terrorism, for asset freezing purposes in order to take account of the judgment of the Court of First Instance delivered on 12 December 2006. Ireland is active in these discussions and is working with EU partners to improve the EU's listing procedures to ensure that they are in line with the judgment of the Court by ensuring that such individuals and entities are provided with reasons for their listing and an opportunity to make their case for non-inclusion on the list.

On 28 September 2001, the United Nations Security Council adopted Resolution 1373 (2001) on combating terrorism. The resolution obliges States to freeze funds and other financial assets or economic resources of persons and entities who commit, or attempt to commit, terrorist acts. It was implemented in the EU through Common Positions 2001/930/CFSP and 2001/931/CFSP, which list such individuals and entities, and Council Regulation (EC) 2580/2001 which orders the freezing of the funds and assets of those on the list. The list is regularly updated by Council decisions and PMOI (People's Mujahidin of Iran) was included in May 2002.

PMOI brought an action before the Court of First Instance seeking annulment of those Common Positions and Decisions relevant to its listing. The Court issued its judgment on 12 December 2006 and annulled the relevant Council Decision, insofar as it included PMOI on the list, on the grounds that the Council had not given PMOI an opportunity to make its views known, had not provided PMOI with a sufficient statement of reasons for its inclusion in the list, and was therefore in breach of certain fundamental rights guaranteed by the Community's legal order including the right to a fair hearing. The Court did not examine whether PMOI was involved in terrorist acts or whether its inclusion on the EU's asset freeze list was therefore justified. In addition, the Court did not annul the relevant Common Position on listing which was in operation at the time PMOI took its action, as the latter had sought. Neither did it annul the subsequent Decision that maintained PMOI on the list. The claim by PMOI for damages was also dismissed as inadmissible.

In compliance with the judgment of the Court, the Council informed PMOI on 30 January 2007 that it intended to maintain PMOI on the asset freeze list, and it provided PMOI with a statement of reasons for its inclusion in this list. The Council also invited PMOI to present its observations on this statement of reasons within one month, together with any supporting documentation. The Council will carefully examine any observations submitted by PMOI within this period, before making a decision on whether to include it on the asset freeze list.

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