Special Intrest Groups Heavily Oppose EU Balcklists for Terror

The methods used by the United Nations and the European Union for blacklisting terrorism suspects are "totally arbitrary" and "violate the fundamental principles of human rights and rule of law," asserted The Council of Europe's legal committee.^[1] The committee urged an overhaul of international regulations so that individuals and groups being blacklisted would have access to evidence against them, rights to a fair trial or impartial review within a reasonable time and compensation for wrongful designation as a terrorist.^[2] If a person is blacklisted then that listing imposes a freeze on assets and a ban on traveling.^[3]

In a draft resolution to be considered by another council body, the committee said: "If one adds to this picture the practice of extraordinary renditions, of secret detention centers and the trivialization of torture, this provides a worrying, devastating message: Principles that are as fundamental as the rule of law and the protection of human rights are optional accessories applicable only in fair weather."^[4]

Approximately 370 individuals and 60 organizations worldwide have been blacklisted by the U.N. Security Council or the European Union.^[5] In addition to the freeze on their finances and the prohibition on travel, they have little recourse for getting delisted, according to Dick Marty, a Swiss legislator who led the investigation; he asserted that "the person or group concerned is usually neither informed of the request, nor given the possibility to be heard, nor even necessarily informed about the decision taken -- until he or she first attempts to cross a border or use a bank account……A serial killer in Europe has a lot more rights."^[6]

The vote Monday to approve the report grew from the latest Council of Europe investigation into a range of anti-terrorism activities in recent years.^[7] A report by the council last summer said the CIA exploited NATO military agreements to help it run secret prisons in Poland and Romania, where the report said alleged terrorists were held in solitary confinement for months, shackled and subjected to other mental and physical torture.^[8] Poland and Romania have both denied that the CIA established such prisons on their soil.^[9]

The resolution approved by the Legal Affairs Committee is scheduled to be debated by the council's Parliamentary Assembly in January.^[10] The council's actions serve as recommendations to members of the 27-nation European Union; both the United Nations and the European Union have recently relaxed some of the secrecy surrounding the blacklists.^[11] The E.U. issued a new regulation allowing those who are blacklisted to receive a letter of notification and information on how to appeal the listing.^[12]

"Despite any recent procedural improvements, it remains nearly impossible de facto for an individual or an entity to get . . . removed from a blacklist," the committee said, adding that the new procedures "are just as flawed as the previous ones."^[13]

Federal criminal defense attorney Douglas McNabb has previously discussed Extraordinary Renditions in his terrorism blog, these posts can be found here.

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^[1] Molly Moore, Panel Decries Terrorism Blacklist Process, Washington Post Foreign Service, November 13, 2007; Page A15, available at http://www.washingtonpost.com/wp-dyn/content/article/2007/11/12/AR2007111200707.html?hpid=sec-world (last visited November 13, 2007).
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.