Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-02-03-Speech-2-403"
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"en.20090203.22.2-403"2
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"− As you all know, the European Union condemns terrorism in all its forms and firmly believes that the fight against terrorism must respect human rights in order to be effective and credible.
Sanctions against terrorists are taken in the context of the common foreign and security policy, and the Commission is associated with decisions taken unanimously by the Member States in the Council. So the Commission has taken good note of the fact that, in its judgment of 4 December 2008, the Court of First Instance annulled the Council Decision of 15 July 2008 that listed the People’s Mujahedin Organisation of Iran (PMOI) as a terrorist organisation.
The Court argued that the PMOI’s right of defence and the right to effective judicial protection had not been respected. In particular, the reasons for the listing had not been communicated in advance of the decision. The organisation was therefore not in a position to make its views known before a decision was taken. In application of that judgment, the Council adopted, on 26 January 2009, a new list of persons and entities subject to the restrictive measures applied to terrorist organisations, and the People’s Mujahedin Organisation of Iran was not included in that list.
In that respect, it is also important to note that, in an attachment of 23 October 2008, the European Court of Justice confirmed that the current procedure for listing terrorist organisations, as applied by the Council in the case of sanctions that are not based on the United Nations sanctions, respects the human rights of the persons and organisations concerned. This includes a procedure in which both sides are heard, the reasons for listing are given in advance and the person or entity in question can make its views known."@en1
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