Latest news and documentation (Statewatch terrorist lists site, updated 03 September 2008)

 September 2008 - EU implementation of UN Security Council's 'terrorist list' breaches fundamental rights - Kadi and Al Barakaat Foundation asset-freeze unlawful. In a judgment with far-reaching implications the European Court of Justice has today [3 September 2008] annulled the Council Regulation freezing the assets of Yassin Abdullah Kadi, a resident of Saudi Arabia, and the Al Barakaat International Foundation of Sweden, part of the 'Hawala' banking system used by the Somali Diaspora to transfer funds internationally.

 June 2008 - The EU and UN ‘terrorist lists’ and the European Courts: The slow road to procedural justice (seminar 19 June 2008). First in a series of four seminars on "Terrorist lists", proscription, designation and human rights organised by Haldane, Statewatch and CAMPACC.

 June 2008 - Lloyds TSB expects £180m bill for US blacklist breach (link, The Times, 6 June 2008). Lloyds TSB will take a £180 million hit to its first-half figures as it prepares to pay a multimillion-dollar settlement for breaking US rules on dealing with sponsors of terrorism. See also US Department of State list of "State sponsors of terrorism" (link).

 May 2008 - UK Government loses appeal against de-proscription of PMOI - how long before the EU backs down? The Court of Appeal has refused to overturn a ruling that it must end the "perverse" listing of an Iranian opposition group as a banned terrorist group, ruling that there were "no valid grounds" to contend that the Proscribed Organisations Appeal Commission made legal errors when it ordered the People's Mojahedin Organisation of Iran (PMOI) to be removed from the 'blacklist' (AP, 7.5.08). In December 2006, the EU Court of Justice ruled that the PMOI should be removed for from the EU terrorist list, partly on the grounds that the reasons for its inclusion were "unclear". But the EU has steadfastly refused to remove them from the list, a position that now appears wholly untenable.

 Breaking news 24 April 2008 - High Court quashes Treasury asset-freezing regime

In a High Court judgment today of the highest constitutional importance, Mr Justice Collins has ordered that Government measures introduced to freeze terrorist assets were unlawful and should be struck down as they had not been authorised or sanctioned by Parliament. The measures contained in the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 were introduced directly by the Government through Orders in Council to implement United Nations Security Council Resolutions to strengthen domestic controls on the financing of terrorism and to comply with the British Government’s international obligations to enforce UN Resolutions requiring such controls. They have never been scrutinised, debated or approved by Parliament.

Ben Hayes of Statewatch comments:

"The government has again shown itself all too willing to sacrifice basic freedoms in the 'war on terror' - the Orders declared unlawful today could scarcely have intruded further into the fundamental rights and liberties of UK citizens.

The High Court has sent an unequivocal message to the government: a regime of this nature should never have been introduced without consulting Parliament. It must be hoped that MPs will look very closely at the way the Treasury has been using these powers before endorsing such a draconian regime in future".

On the Government’s circumvention of Parliament, Mr Justice Collins said in his judgment:

“Counsel for the applicants have submitted that the means used to apply the obligations imposed by the UN Resolutions is unlawful. Parliament has been bypassed by the use of Orders in Council. But in deciding the appropriate way in which the obligation should be applied and in particular in creating the criminal offences set out in the Orders it was necessary that Parliamentary approval should be obtained. Those submissions are in my judgment entirely persuasive.”

On the extraordinary nature of the Treasury regime, Mr Justice Collins said:

"The very wide definition of economic resources makes it impossible for members of the family of the designated person in particular to know whether they are committing an offence or a licence is needed... A specific query arose, and it is a good illustration of the absurdity which can result, in relation to the loan of a car to an applicant to enable him to go to the supermarket to get the family’s groceries. After some delay, the Treasury (in my view wrongly) decided that a licence was needed. The car was an economic resource and could be used to obtain or deliver goods or services. This was only resolved by the Treasury after seeking ministerial consideration. Similar concerns have been raised in relation to an Oyster card to enable the applicant to travel and any borrowing of items for any purpose. Since the possible penalty on conviction is severe, the concerns are understandable and the effect on the applicant and his family, whose human rights are also in issue, is serious".

The government is to appeal and can be expected to demand an expeditious hearing on the grounds that the quashing of the Al-Qaida and Taliban Order leaves it in breach of its obligations under international law.

Documentation

'G', 'K', 'A', 'M', and 'Q' v. H.M. Treasury: Judgment - full-text (24 April 2004)

Press release: Birnberg-Peirce, Tuckers & Public Law Solicitors (24 April 2004)

For full background see: Britain's financial Guantanamo (Statewatch, 21 April 2004).

See also Mean and squalid measures, Victoria Brittain (Guardian, 24 April 2004) and Anti-terror asset-freezing order improperly made (Times law report, 5 May 2008)

 April 2008 - Britain's financial Guantanamo: This Thursday [24 April 2008], Mr Justice Collins of the High Court will deliver his judgment the case of 'G', 'K', 'A', 'M', and 'Q' v. H.M. Treasury. In the words of Rabinder Singh QC, "the facts of the case are reminiscent of an Austro-Hungarian novel". At issue are two 'Orders in Council' adopted under the 1946 United Nations Act. This Act allows the government to introduce domestic law to implement UN agreements - in this case a series of Security Council Resolutions dealing with the financial sponsors of terrorism - without consulting parliament. See full story.

 April 2008 - CFI strikes another blow to EU "terrorist list" - legality of "reformed" procedures remains in doubt. The EU Court of First Instance has overturned decisions by the Council of the EU to include the Kurdish organisations PKK and Kongra Gel on the EU "terrorist list" (04.04.2008). In Case T-253/04 bought on behalf of Kongra Gel and 10 other individuals, the EU court ruled that the organisation was not in a position "to understand, clearly and unequivocally, the reasoning" that led the member states' governments to include them. It reached the same conclusion in Case T-229/02, bought by Osman Ocalan on behalf of Kurdistan Workers Party (PKK).

These judgments were widely excepted following the rulings in favour of Jose Maria Sison and Stichting al-Asqa (both based in Netherlands) in July 2007, and the precedent set in the People's Mojahedin Organisation of Iran (PMOI) ruling in December 2006. In this case the Court found that the EU's proscription regime had denied the PMOI the right to a fair hearing in which it could challenge its designation as "terrorist" in accordance with its fundamental right to a fair trial (see: analysis of PMOI judgment). This paved the way for other proscribed groups and individuals to challenge their inclusion in the list.

In response to the PMOI ruling, the EU "reformed" its procedures for listing and de-listing. Whereas prior to the PMOI judgment no mechanism existed for those proscribed to either receive an explanation for their inclusion or to challenge that explanation, the EU now provides affected parties with a "statement of reasons". In turn, those parties may then write back to the secret EU group responsible for the decision to contest the statement and request de-listing. The EU has maintained in the "terrorist list" those groups and individuals who have already successfully challenged their proscription at the EU Courts on the grounds that its "reforms" remedy the fair trial breaches that the Court has identified. This issue will not be resolved until the PMOI's new challenge to the EU's decision to maintain them in the list (case T-157/07) returns to the Court, which may take several years. In the meantime, the challenges by other proscribed organisations are mounting up - as are the compensation claims.

Ben Hayes of Statewatch comments:

"There isn't a lawyer in Europe who believes that the EU 'reform' of its proscription regime amounts to the fair hearing that EU law demands. On the contrary, the regime remains a recipe for arbitrary, unaccountable and politically-motivated decision making. By ignoring the increasingly clear message from the EU Courts, the member states are doing themselves a great disservice.

Instead of digging its heels in, the EU should introduce a meaningful appeals procedure for affected parties. To wait years for the EU court system or the Strasbourg Court to deliver a judgment that everyone can see coming would be an affront to the EU's stated commitment to human rights."

 February 2008 - PMOI submits new case at ECJ (case T-257/07). The People's Mojahedin Organisation of Iran (PMOI) successfully challenged its designation as "terrorist" by the European Union in December 2006. In spite of the ruling by the European Court of First Instance, the EU has maintained the PMOI on its "terrorist list". The PMOI is already seeking €1 million in damages from the EU (see case T-157/07) - this latest case seeks annulment of the latest EU Council Decision to include them in the current terrorist list.

 January 2008 - PACE demands review of UN and EU blacklisting procedures for terrorist suspects, which ‘violate human rights’ (Council of Europe press release, 23.1.08)

 January 2008 - Opinion in Al Barakaat appeal follows same reasoning as Kadi (Opinion, full-text, 23.1.08): Advocate-General Miguel Poiares Maduro's opinion on the Al Barakaat appeal reaches the same conclusions as the Kadi opinion, below - the Court of First Instance was wrong to dismiss the initial appeal on grounds of limited jurisdiction; Al Barakaat's rights to property and a fair trial/judicial review have been breached; the EC regulations implementing the UN decisions re Al Barakaat should be annulled.

 January 2008 - EU: Advocate General delivers devastating opinion in Kadi UN challenge (ECJ press release, 13.1.08): Yassin Abdullah Kadi, a resident of Saudi Arabia, is accused of supporting terrorism by the the UN Terrorism Sanctions Committee and included on the UN "terrorist list", which is incorporated into EU law under EC Regulations. Advocate-General Miguel Poiares Maduro argues that the EU Court of First Instance was wrong to dismiss Kadi's appeal on the grounds that the EU Courts lack jurisdiction over political decisions taken by the EU. On the contrary, suggests the Advocate-General: because there is no mechanism for judicial review of the UN decisions, the EU must subject the sanctions regime to proper judicial review. Advocate-General Poiares Maduro concludes that the EC Regulations implementing the UN sanctions regime do infringe Mr. Kadi's right to property and a fair trial/judicial review and should therefore be annulled. He suggests that rather than referring the matter back to the Court of First Instance, the European Court of Justice should give final judgment on these questions. The Opinion will now be considered by the Court of Justice in advance of their ruling. See: full-text of Opinion.

 December 2007 - Pakistan: Rashid Rauf escapes (see further "prisoner swap" story, below). Rauf is said to have escaped from Pakistani custody when two policemen escorting him from court in the capital, Islamabad, to a jail outside the nearby city of Rawalpindi stopped to allow him to pray in a roadside mosque. See: The mysterious disappearance of an alleged terror mastermind (Guardian, 28.1.07)

 January 2007 - Danish court rules Fighters and lovers not guilty of terror funding (Guardian, 14.12.07): Seven Danes accused of supporting terrorism by selling T-shirts bearing the logos of the Revolutionary Armed Forces of Colombia (Farc) and the Popular Front for the Liberation of Palestine have been found not guilty of the charges. See also: English translation of summary of judgment and "activists" story below. The case has now been appealed by the prosecution. The date of the new trial at the High Court (Landsret) has as yet not been set. Another case against spokesperson of Oproer (Rebellion), Patrick Mac Manus, both for the transfer of 100.000 DKr ($17,000) to PFLP and FARC and the appeal to more than 200 European organisations to challenge terrorist legislation, is set for 12-14 March and 10 April (Rebellion case). It may be postponed until the Fighters and Lovers case has reached a conclusion.

 December 2007 - Pakistan launches fresh offensive in Baluchistan, Britain accused of Baluchi "prisoner swap": Baluchi activists report that on the 6 December the Pakistani army launched a new offensive in the Kahan and Dera Bugti Districts of Baluchistan. Hundreds of Baluchis are said to have been detained, scores killed, and homes and schools destroyed in air strikes from helicopter gunships and fighter planes. Civilians are fleeing to the mountains. Meanwhile, the British government is accused of arresting two Baluchi nationals living in London with the intention of "swapping" them for Rashid Rauf, a 26-year-old Briton held in a high security prison in Pakistan and accused of involvement in the alleged plot to blow-up transatlantic airliners in 2006. Faiz Baluch and Hyrbyair Marri were arrested in London following raids on their homes in the first week of December. They have been charged with inciting another person to commit an act of terrorism "wholly or partly outside the UK". See UK accused of 'prisoner swap' with Pakistan (Telegraph, 7.12.12) and Foreign Office accused of swap deal over terror suspects (Guardian, 11.12.07). For background see Never mind the Baluch? (June 2007).

 December 2007 - Denmark: Seven activists facing prison for symbolic support of PLFP and FARC. On 13 December 2007 a Copenhagen court will announce its decision in the case of "Fighters and Lovers", an activist group that campaigned against the EU terrorist lists by attempting to raise funds for humanitarian projects of the PLFP (Palestine) and FARC (Columbia) by selling t-shirts baring the logo's of the two banned organisations. "F+L", which describes itself as "a private enterprise dedicated to the cause of freedom and hard-rocking street gear", is charged with "sponsoring terrorism", a crime under recent anti-terror laws that carries a maximum prison sentence of 10 years. For more information see www.fightersandlovers.org. See also Fashion items or dangerous terrorist images? T-shirt trial divides a nation (Guardian, 29.11.07) and Court to decide if 'T' in t-shirt stands for terror (Danish Ministry of Foreign Affairs, 21.9.07). For background, see Rebellion, Denmark.

 November 2007 - On 30 November 2007 the UK Proscribed Organisations Appeal Commission (POAC) ruled that the Home Secretary had acted illegally in refusing to remove the People's Mojahedin Organisation of Iran (PMOI) from its proscribed list of 'terrorist' organisations. The case was brought by more than 30 members of Parliament and the House of Lords. The POAC ruling represents the first successful challenge to the proscription provisions in the Terrorism Act 2000; the government has said it intends to appeal. See POAC judgment, full-text and Government ordered to end 'perverse' terror listing of Iran opposition (Guardian, 1.12.07). See also Britain may lift ban on Iran's opposition (Telegraph, 27.9.07) detailing an "extraordinary request" by Government's solicitors to the Commission for a copy of the judgment a week in advance of its publication. The UK ruling follows a judgment by the EU Court in December 2006 that the PMOI's inclusion on the EU terrorist list was illegal insofar as it breached their fair trial rights, although the EU has subsequently refused to remove the PMOI from its list of banned organisations.

 November 2007 - Procedures for blacklisting individuals suspected of terrorist links are unworthy of the UN Security Council and EU (Council of Europe, 12 November 2007, full-text of report, pdf) says PACE. The Legal Affairs Committee of the Council of Europe Parliamentary Assembly (PACE) has adopted a highly critical report by Dick Marty on the EU and UN 'terrorist lists', the Swiss senator famous for heading the CoE inquiry into 'unlawful rendition'. The report argues that the procedures are "unworthy" of the UN and EU, and must be urgently overhauled to make them fairer. See also earlier memorandum by Marty on UN Security Council black lists (March 2007, pdf).

 October 2007 - In a case brought by the European Parliament, the European Court of Justice has struck down the European Commission's decision to grant anti-terrorism assistance to the Philippines government. See Judgment in Case C-403/05 (full-text, 23 October 2007). The ruling follows the EU Court of First Instance's decision in June to annul the EU Council Decision to place Jose Maria Sison, a Philippine exile and long term opponent of the Philippines government, on the EU list of 'terrorists' for the purposes of asset-freezing (see Sison judgment (full-text)).

 October 2007 - Four new challenges against EU 'terrorist' lists lodged at Court of First Instance. In case T-348/07, Stichting Al-Aqsa are returning to the Court to seek their removal from the list. The CFI has already declared the Council's earlier decision to include them on the list unlawful but the Council of the EU is refusing to remove them from the list (see July 2007 judgment in Al-Asqa case). In case T-362/07 and case T-363/07, Nouriddin El Fatmi and Ahmed Hamdi are challenging their inclusion on the EU 'terrorist' list following their conviction for membership of the "Hofstad" group in the Netherlands. In case T-323/07, El Morabit Mohamed is challenging his inclusion on the EU 'terrorist' list on the same grounds, also arguing that since his conviction for membership of the "Hofstad" group in the Netherlands is under appeal, he has been denied the presumption of innocence and a fair trial by the EU.

 October 2007 - The European Court of Justice has ruled in case C-117/06 - judgment (full-text) that it is illegal to sell property to people whose assets have been frozen under Community law. The case was brought by the sellers of a property who had agreed the sale in 2000 - before the buyer was included on the EU's 'terrorist' list for the purposes of asset-freezing.

 July 2007 - The EU Court of First Instance has today (11.7.07) ruled the freezing of the assets of Jose Maria Sison and Stichting al-Asqa (both based in Netherlands) unlawful. See: The Court of First Instance annuls the Council Decisions ordering Jose Maria Sison and Stichting Al-Asqa funds to be frozen in the fight against terrorism (Press release). Court judgments, full-text: Sison (pdf) and Al-Asqa (pdf). The Court followed the reasoning in the December 2006 ruling on the PMOI. While the rulings strike another crucial blow to the credibility of the proscription regime, the EU has recently reviewed its procedures and now submits that recent "reforms" in respect to notification and appeals mean that it has now remedied the due process problems identified by the Court. The EU may also, on these grounds, refuse to remove the two from its terrorist list, as it has with the PMOI.

 June 2007 - The public hearing for the delivery of judgment by the European Court of First Instance on the terrorist blacklisting of Jose Maria Sison (Case T-47/03) has been scheduled for 11 July at 9:15 a.m. See also "statement of reasons" for the blacklisting provided by the EU Council on 23 April 2007 published on Defend Committee website, which cites decisions by Dutch ministers and the US government as grounds for the criminalisation of Prof. Sison and the freezing of his assets.

 June 2007 - UK: Never mind the Baluch? Article by Ben Hayes on the UK government's blacklisting of the Baluchistan Liberation Army and the situation in Baluchistan.

 June 2007 - PMOI submits new case at ECJ (case T-157/07).

See earlier report: Iran mujahidin to challenge EU terror list (EUobserver.com, 12.5.07, archived by ncr-iran.org). Despite the ruling by the European Court of First Instance that the EU acted unlawfully in freezing the PMOI's assets, the organisation remains on the EU "terrorist list". The PMOI is now going back to court to seek removal from the list and €1 million in damages. The matter has also been raised in the Danish parliament.

 June 2007 - EU's secretive counter-terror group to face scrutiny (EUobserver.com, 13.6.07): article suggesting that an "EU clearing house" through which counter terrorism information is exchanged by national intelligence services is responsible for blacklisting decisions and should be held accountable.

 June 2007 - Terrorism: the chosen tool of the weak against the mighty (Le Monde Diplomatique) "Does 'global war on terror' mask a new imperialism?" asks Eric Rouleau.

 May 2007 - EU releases "statement of reasons" for blacklisting of PMOI (EU Council doc. 5418/2/07, 11 May 2007): The EU has declassified the "statement of reasons" it has sent to the People's Mujahadeen Organisation of Iran to justify its inclusion on the "terrorist list". The statement cites terrorist attacks by the PMOI in the 1990s, 2000 and 2001 and the decision of the UK government to ban the PMOI in March 2001 as grounds for the EU ban. The UK's decision was called into question by the CFIs ruling in December 2006 (see analysis of PMOI ruling).

 May 2007 - EU cites secret evidence against Iran group (EUobserver.com, 31.5.07): "The EU claims it has secret evidence that justifies keeping Iran opposition group PMOI on its terrorist register but cannot reveal the content for security reasons, in a situation stoking anger among some MEPs...."

 May 2007 - ‘Terrorist’: Flag of Convenience (Socialist Lawyer, April 2007). Article by Bill Bowring arguing that the response of international organisations to the attacks on the United States now poses a shockingly serious threat to some fundamental human rights, especially procedural guarantees.

 May 2007 - Iran mujahidin to challenge EU terror list (EUobserver.com, 12.5.07, archived by ncr-iran.org). Despite the ruling by the European Court of First Instance that the EU acted unlawfully in freezing the PMOI's assets, the organisation remains on the EU "terrorist list". The PMOI is now going back to court to seek removal from the list and €1 million in damages. The matter has also been raised in the Danish parliament.

 May 2007 - UK: Council of Europe: Press release: Dick Marty strongly deplores ‘flagrant injustice’ of UN Security Council blacklisting people suspected of terrorist links without evidence of wrong-doing (pdf) Dick Marty: Memorandum full-text: UN Security Council black lists (pdf)

 May 2007 - UK: Public meeting: "Terrorism" lists versus the rights to self-determination and democracy: Wednesday 2 May, 6.30pm, Committee Room 3, House of Lords, Westminster SW1, Hosted by Lord Rea.

 April 2007 - UN Human Rights Council issues damning report on terrorist lists and sanctions (A/HRC/4/88
9.3.07, pdf). The report concludes:

With regard to the United Nations sanctions regime, further improvements are needed to ensure a listing process which is transparent, based on clear criteria, and with an appropriate, explicit, and uniformly applied standard of evidence, as well as an effective, accessible and independent mechanism of review for individuals and concerned States. Fair and clear procedures must include the right of an individual to be informed of the measures taken and to know the case against him or her; the right of such a person to be heard within a reasonable time by the relevant decision-making body; the right to effective review by a competent, independent review mechanism; the right of such a person to representation with respect to all proceedings; and the right of such a person to an effective remedy.

 March 2007 - European Court of Justice rejects Basque appeal against inclusion on EU terrorist list (Judgment in case C-354/04 P, 27.2.07, pdf). The European Court of Justice has rejected an appeal by Gestoras Pro Amnistía and two associated individuals against their inclusion on the EU terrorist list.

 February 2007 - European Court of Justice rejects Sison appeal against denial of access to EU documents (Judgment in case C-266/05 P, 1.2.07, pdf). The European Court of Justice has rejected Professor Jose Maria Sison's appeal against the EU Council's decision to refuse access to the documents relating to his inclusion on the terrorist list. The case concerned the interpretation of the Regulation 1049/2001/EC on public access to EU documents - not the substantive issue of whether Sison should be included in the EU's terrorist list. See also statement by International DEFEND Committee: www.defendsison.be.

 January 2007 - European Court of Justice overturns decision to deny appeal by PKK (Judgment in case C-229/05 P, 18.1.07, pdf). The European Court of Justice (ECJ) has ruled that the Court of First Instance (CFI) was wrong to declare inadmissible a case challenging the inclusion of the PKK (Kurdistan Workers’ Party) in the EU's "terrorist" list. The case was brought by Osman Ocalan, brother of imprisoned PKK leader Abdullah, on the grounds that the PKK had declared permanent ceasefire in April 2002 and was effectively disbanded. In 2005, the CFI decided that "it is not for the Court, when examining the admissibility of the action, to rule on the reality of the PKK’s existence". However, it then found that because PKK had disbanded, Mr Ocalan could not be its lawful representative. While this paradox was not lost on the Court, it declared the case inadmissible.

The UK government and European Commission both intervened in the case, arguing that the CFI ruling should stand, but, following the advice of the Advocate General (below), the ECJ found that the CFI had "distorted" the evidence and should have recognised Mr Ocalan's power of attorney. The case will now return to the CFI for a decision on the substantive appeal against the PKK's inclusion in the terrorist list. Last month the CFI ruled that the PMOI's right to a fair hearing had been breached by the Council's failure to provide the organisation with any information concerning its decision to add them to the "terrorist" list (see analysis of PMOI ruling).

The appeal in the PKK case was brought jointly by Mr Ocalan and Serif Vanly, on behalf of the Kurdistan National Congress (KNK), which is not included in the EU terrorist list (only KADEK and KONGRA-GEL are listed as aliases of the PKK). The KNK challenged the proscription of the PKK on the grounds that it was directly affected by the ban but the ECJ upheld the CFI's decision to declare its appeal inadmissible.

 January 2007 - U.S. to let people apply to get off no-fly lists (Reuters India, 18.1.07, link)

 January 2007 - UN Sanctions: Listing/De-listing and Due Process (securitycouncilreport.org, link). Article on changes in proscription procedures of the UN Security Council (the UN has proscribed 487 groups and individuals who are alleged supporters or associates of the Taliban or al-Qaeda). A "statement of the case" will be produced for all new listings but groups and individuals will not be informed or be able to challenge the contents of the statement. As to appeals against proscription and the Security Council has established a "focal point" and new de-listing procedures. However, the changes are little more than "window-dressing" since affected parties will still be denied access to the procedure and states will retain maximum discretion over who should be included or removed from the list.

See: Security Council Resolution 1730 on de-listing procedures (19 December 2006)
Amended guidelines for the Taliban Sanctions Committee (29 November 2006)

 January 2007 - EU backing down on terror list secrecy (EUobserver.com, 16.1.07, link). Report on the implications of the PMOI ruling on the issuing of a "statement of reasons" to groups and individuals on the list. See also Statewatch analysis of PMOI ruling.

 January 2007 - US Supreme Court refuses case challenging PMOI’s designation as terrorists (New York Times, 9.1.07, link)

 December 2006 - EU terrorist list updated (EU Official Journal). On 21 December 2006 the EU added two groups and nine individuals to its list of terrorist entities. The nine are named as members of the Netherlands-based "Hofstadgroep". The organisation itself is also proscribed. Four of the named individuals have been convicted in Holland, including Mohammed Bouyeri, the man who killed film director Theo van Gogh, although five were acquitted due to a lack of evidence. The other group added to the EU list is the TAK - Teyrbazen Azadiya Kurdistan, a.k.a. Kurdistan Freedom Falcons, Kurdistan Freedom Hawks.

The EU "terrorist" list now contains a total of 50 groups and 54 individuals (see previous list).

 December 2006 - Successful challenge to EU terrorist list by PMOI (Statewatch report). In a judgment that has far-reaching implications the EU Court of First Instance has annulled the EU Council's decision to include the PMOI on its terrorist list. The Court found that the PMOI was denied a fair hearing in which it could challenge the decision. The judgment means that the EU will now have to provide a "statement of reasons" to groups and individuals it designates as terrorist.

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