Luxemburg, 12/12/2006 (Agence Europe) - The Organisation des Modjahedines du people d'Iran (OMPI, People's Mujahidin of Iran), which is on the EU list of terrorist organisations, won its case on Tuesday, with the Court of First Instance annulling the freeze on its assets which had been in place since 2002.
On Tuesday, the Court of First Instance delivered a ruling which says that the decision to freeze OMPI funds did not contain a sufficient statement of reasons and that the procedure which establishes the EU list of terrorist organisations violates the right to defence. The Court therefore found for the requesting party in the case in question (T-228/02), the OMPI. This organisation, then, will be removed from the list (2005/930/EC), but will continue to be deemed a terrorist organisation (and not recover its frozen assets) since a new list has come into force (2006/379/EC). The EU Council legal adviser Jean-Claude Piris said that possibility of an appeal to the Court of Justice was being considered on points of law. This was, however, unlikely, said a diplomatic source. Mr Piris acknowledged that the Council was prepared to improve its procedures. On the one hand, decision making would be clearer and more transparent to allow the right to a fair hearing; on the other, any decision would be supported by factual or legal circumstances, with those targeted being informed. Mr Piris did not deny the difficulties in communicating publicly organisations suspected of terrorist involvement, or the dangers inherent in setting out the supporting details. But, he said, although some care had to be taken, these reforms would be introduced as quickly as possible. On the other hand, this decision will certainly open the way for appeals from other organisations, as has already been the case with Al-Aqsa Martyrs Brigade. The names of people and organisations on the list must be re-assessed at regular intervals, at least once every six months to ensure that the retention of the name on the list can be justified. Some organisations can cease to exist, Mr Piris said. Despite this ruling, the Council is confident because it believes the blacklist, as it exists at the moment, will not have to be radically altered. (cd)