Swiss Parliamentarian Dick Marty has, on behalf of The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly, prepared a report on the European Union (EU) and United Nations Security Council (UNSC) practice of blacklisting groups and individuals suspected to be involved in terrorist activities. Marty’s report finds that the blacklists are not in line with international human rights standards such as the European Convention on Human Rights and the UN Convention on Human Rigths. Marty calls for the UN, the EU, and their member states to work to improve the situation.
07/12/2007 :: The UNSC and the EU has through a number of resolutions started a process of blacklisting groups and individuals suspected to be involved in terrorist activities. The aim of this is to sanction targeted groups or individuals as opposed to general sanctions which affect a larger group. The practical implications of this may for instance be travel restrictions for those listed and financial sanctions, freezing economic contributions to the group or individuals.
Senator Dick Marty has prepared a report United Nations Security Council and European Union Blacklists upon request from the PACE Committee on Legal Affairs and Human Rights. Senator Marty states that the Council of Europe (CoE) and its Parliamentary Assembly attaches great importance to the fight against terrorism. But taking into consideration that one of the three core values on which the CoE’s activities is based is human rights, the organisation considers it to be of crucial importance that respect for human rights is maintained in this fight.
Senator Marty’s report claims that the procedures related to these blacklists are contrary to human rights standards set down through legal practice and a number of international declarations. Marty points, for instance, to several cases before the European Court of Human Rights, the European Court of Justice and the Court of First Instance of the European Communities regarding the blacklisting. The simple fact that these issues are raised has questioned the lack of protection of fundamental and human rights in the blacklist practice.
The report does not condemn targeted sanctions as such, considering the relative advantage this has compared to general sanctions. General sanctions may produce negative consequences for an entire group where it should only be applicable to a minority or a person within the group, and targeted sanctions thus has the advantage of only affecting those found personally responsible for certain wrongdoings. What is criticised in the report however, is the lack of respect for human rights both in the procedural aspects of the blacklisting and in the consequences for those listed.
Human rights and procedures
The procedures of blacklisting are according to Marty not in line with the human rights standards to which the member countries of both the UNSC and the EU has subscribed. There is no transparency in the process of blacklisting a group or individual, and the listed group or person does not get sufficient possibility to plead their case. The groups and individuals who are listed are not informed of their being on the list until doing something which is opposed by the sanctions, and if wrongfully put on the list, it is hard or even impossible to get compensation (both for economic loss and mental distress). Marty states that there are few, if any, ways in which the legality of the underlying UNSC and EU resolutions may be challenged.
This is according to Marty in violation with the rights to a fair trial, to be informed of charges and evidence, to trial within a reasonable time, to have access to an impartial review mechanism, to compensation for wrongful infliction of sanctions infringing fundamental rights, and to a reasoned decision. The transparency and human rights standard of the process has been improved in both organisations, but there is still great progress to be made. In addition, the lists are not updated to a sufficient degree, thus leaving people on the lists without adequate reason or evidence.
Consequences of being on the blacklist with regards to human rights
Not only the procedural aspects of the blacklists are troublesome with regards to their human rights standards. According to the report, several human rights are violated for those who’s name appear on the lists. This applies for instance to the travel restrictions imposed on those on the blacklist; by not being allowed to travel freely, the rights to life, to health, to private and family life, to reputation, to freedom of movement, and freedom of religion are violated. The right to property and to work are under threat by the financial sanctions imposed by the blacklist practice.
This situation increases the importance of the actions taken by CoE member countries; senator Marty suggests that they can play a vital role by improving their own internal procedures with regards to targeter sanctioning. Also, the member states that are in a position to do so, for instance as members of the UNSC, should use their influence to strengthen the human rights standards in the rules and procedures of the blacklisting.
Dick Marty's report will be subject to debate during the next PACE session in january 2008.