UN to study over 350 cases of disappearances

GENEVA – The United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) has started reviewing more than 350 cases of enforced disappearances, including recently submitted information on previously accepted cases, and other communications concerning more than 40 countries.

During its 94th session, taking place at the headquarters of the Office of the High Commissioner for Human Rights in Geneva from 4-8 July, the independent experts will hold meetings with Government delegations and civil society representatives, including relatives of disappeared persons, to exchange views on individual cases under consideration and on the phenomenon of enforced disappearances in general.

The Working Group is comprised of five independent experts from all regions of the world. 

The Chair-Rapporteur is Mr. Jeremy Sarkin (South Africa) and the other members are Mr. Ariel Dulitzky (Argentina), Ms. Jasminka Dzumhur (Bosnia and Herzegovina), Mr. Osman El-Hajjé (Lebanon) and Mr. Olivier de Frouville (France).

The Working Group was established by the United Nations Commission on Human Rights in 1980 to assist families in determining the fate and whereabouts of disappeared relatives. 

It endeavours to establish a channel of communication between the families and the Governments concerned, to ensure that individual cases are investigated, with the objective of clarifying the whereabouts of persons who, having disappeared, are placed outside the protection of the law. 

In view of the Working Group's humanitarian mandate, clarification occurs when the fate or whereabouts of the disappeared person is clearly established.

The Working Group continues to address cases of disappearances until they are resolved. 

It also provides assistance in the implementation by States of the United Nations Declaration on the Protection of All Persons from Enforced Disappearance.

For more information on the WGEID:
http://www.ohchr.org/english/issues/disappear/index.htm

How to submit cases to the WGEID?
http://www2.ohchr.org/english/issues/disappear/docs/Communication_form_E.doc

For more information and media requests:

Ms. Giovanna Zucchelli: 
+41 22 917 9189
gzucchelli@ohchr.org

Mr. Matías Pellado:
+41 22 917 9336
mpellado@ohchr.org

Independence: All Men Are Created Equal?

First published WGRZ Channel 2 News

Buffalo.com

Righteous:  acting in accord with divine or moral law.

Rightful:  having a just or legally established claim.

© Merriam Webster 2011

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." 

- Preamble, The United States Declaration of Independence, 1776 

Independence Day, or the Fourth of July, is a celebration [and federal holiday] in the United States to recognize the Declaration of Independence of 1776.  A statement was adopted by the Continental Congress declaring that thirteen American colonies [then at war with Great Britain], were now independent states, no longer a part of the British Empire. 

Thomas Jefferson wrote this declaration stating that July 4th become the birth of America. The signed document is on display at the National Archives in Washington, D.C.  The main components of this document, beside the Preamble, are grievances against King George III, including the right of revolution. 

Abraham Lincoln considered this declaration to be the foundation of his philosophy. The document has been utilized to promote rights of minority groups, basic human rights, and as moral standards that Americans live and abide by.

Are you, American citizen, practicing and applying these simple moral codes?

• - creating all men equal
• - recognizing endowment of one's Creator
• - allowing others, as well as self, to pursue life, liberty, happiness

Every American citizen rightfully and righteously should have been able to answer the above question with a resounding, "YES!"

This document is the cornerstone of the DIVERSITY that is all of the PEOPLE of the United States of America. It was put into effect to create a union, not a separation.  

Until we, America, learn how to treat ourselves and one another with respect, acceptance, love, kindness and compassion; then we, Americans, cannot accept this declaration as independence. 

This document was drafted to unite us as people, to progress us as a nation, for ourselves and for the world, and to be free from any rule that does not speak for the NATION of the PEOPLE of the United States of America. 

If you honestly have answered YES to the above question, you rightfully and righteously own this declaration.

As an American citizen, owning such declaration, the Preamble further states: 

• "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed [that is us, people.] 

• That whenever any Form of Government becomes destructive of these ends, it is the RIGHT OF THE PEOPLE to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.  

• Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.  

• But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute despotism, it is their RIGHT, it is their DUTY, to throw off such Government, and to provide new Guards for their future security."

READ THAT AGAIN. 

Regardless of how America came to be, who rightfully owned this land, those who were brought here under duress, the current state of the world, actions of the United States government and governments therein, and regardless of race, creed, sexual orientation, and culture:

If you are indeed an America citizen, RIGHT NOW, the Declaration of Independence belongs to YOU.  

WHAT ARE YOU GOING TO DO WITH IT? 

[click above image to view 100%]

Susan Marie Public Relations

Think Twice Radio 

New York USA 2011

 

Alert Update: US Boat To Gaza

July 3, 2011 - 6 pm NY time

Athens: the 8 people who were fasting in front of the U.S. Embassy have been arrested then released. They are Ken Mayers, Carol Murry, Medea Benjamin, Paki Wieland, Ray McGovern, Brad Taylor, Kit Kitteridge and Kathy Kelly. We will not have any more news until the morning. 

In the meantime, keep the pressure on Washington. They need to pressure the Greek government to release our captain, our boat and now these 8 people as well! Let them sail to Gaza!

Throughout this country people have responded to our call to contact the U.S. State Department to demand that they take the steps necessary to ensure that the Greek authorities immediately release the captain and let our boat sail to Gaza. 

There has been such a strong response that their voice mailboxes are full! That's great, but of course frustrating for those of you trying to make those calls.

Here are some other phone numbers and email addresses to try:

• State Department general number: 202-647-4000 - ask for the Overseas U.S. Citizen Services Duty Officer and you'll get a live State Dept. official who has to hear you out.

• The voicemail for Kim Richter - also at the State Dept. - says she's out of the office for several days, and that callers with urgent issues should contact a colleague at 202-647-4578.

• If you can place an international phone call, the number for the U.S. Embassy in Athens is 011-30-210-721-2951.

• You can email the U.S. Embassy in Athens at: athensamemb@state.gov and athensamericancitizenservices@state.gov

Please try to call, fax or email your members of Congress as well.

EMAIL: nycons@greekembassy.org

• Consulate General - Chicago
• 650 North St. Clair Street
• Chicago , IL 60611
• Telephone: 312.335.3915
• Fax: 312.335.3958
• Web Address: http://www.greekembassy.org/chicago/
• E-mail: chicago@greekembassy.org
•  
•  
• Consulate General - San Francisco
• 2441 Gough Street
• San Francisco, CA 94123
• Telephone: 415.775.2102
• Fax: 415.776.6815
• Web Address: http://www.greekembassy.org/sanfrancisco/
• E-mail: sfgr@greekembassy.org
•  
•  
• Consulate General - Los Angeles
• 12424 Wilshire Blvd., Suite 800
• Los Angeles, CA 90025
• Telephone: 310.826.5555
• Fax: 310.826.8670
• Web Address: http://www.greekembassy.org/losangeles/
• E-mail: lagr@greekembassy.org
•  
•  
• Consulate General - Tampa
• 601 Bayshore Blvd., Suite 800
• Tampa, FL 33606
• Telephone: 813.865.0200
• Fax: 813.865.0206
• Web Address: http://www.greekembassy.org/tampa
• E-mail: grgencon.tam@mfa.gr
•  
•  
• Consulate - Atlanta
• Tower Place, Suite 1670 3340, Peachtree Rd., N.E.
• Atlanta, GA 30326
• Telephone: 404.261.3313
• Fax: 404.262.2798
• Web Address: http://www.greekembassy.org/atlanta/
• E-mail: atlanta@greekembassy.org
•  
•  
• Consulate - Houston
• 520 Post Oak Blvd., Suite 450
• Houston , TX 77027
• Telephone: 713.840.7522
• Fax: 713.840.0614
• Web Address: http://www.greekembassy.org/houston/
• E-mail: houston@greekembassy.org

Help us keep the pressure up!!

WWW.USTOGAZA.ORG

US Boat To Gaza: Update: Greece

After a two hour stand off at sea, the U.S. Boat to Gaza - The Audacity of Hope - was seized by the Greek Coast Guard and forced to return to the port of Piraeus under military escort. The boat's captain has been put in jail, charged with disturbing sea traffic--which includes endangering the lives of those on the ships-- and disobeying a police order to remain at dock. 

The crew is being detained on the boat, which is being held at a military dock just outside Athens. Most of the 36 passengers remain on the ship in solidarity with the captain and crew.

Ann Wright, retired U.S. Army Colonel, responded strongly to the arrest of the American captain of the U.S. Boat to Gaza. "I think it's outrageous what the Greek government is doing to our captain who was taking a group of Americans to challenge the illegal Israeli blockade. We call on the Greek government to release our Captain and dismiss all charges."

Yonatan Shapira, a crew member on The Audacity of Hope and former Israeli Air Force captain, said the captain of the U.S. Boat should be praised, not condemned for his actions. "The captain acted out of concern for the safety of the passengers and boat by taking us away from the Greek port where other flotilla boats are being sabotaged," Shapira said.

After five days of stalling, the Greek authorities produced the results of the inspection of the boat, which took place on Monday, June 27. 

The Greek government inspected the boat on the basis of an anonymous complaint alleging that the boat is not seaworthy. The anonymous complaint later turned out to have been filed by the Israel Law Center. 

The list of infractions cited on the inspection report included such things as technical details regarding the construction material of the hull and the fact that the private inspection report emailed to the authorities was unsigned. 

"None of these alleged infractions are actually regulations that boats are required to meet," said group's Greek lawyer Emmanuel Stephanakis. "It's obvious that these are politically motivated, baseless charges calculated to stop the U.S. Boat to Gaza from sailing."

"This shameful chapter in Greek history is symbolized by Prime Minister Netanyahu thanking his Greek counterpart Prime MInister Papandreou for his cooperation in helping thwart the flotilla, and by the fully-armed and masked Greek commandos at sea, pointing their guns at unarmed American civilians singing "We are a gentle, loving people," says passenger Medea Benjamin.

The other boats in the flotilla that are docked in Greece have been denied permission to sail due to a variety of bureaucratic obstacles the Greek authorities have thrown in their way. 

Greece's Civil Protection Authority confirmed Saturday the ban on departures of ships "with Greek and foreign flags from Greek ports to the maritime area of Gaza" was in place until further notice. 

Two of the boats have had physical damage done to them as well. All vow to pressure the Greek government to grant them permission to sail, and have activated their international networks. 

In the United States, the phones at the Greek Embassy and Consulates were so busy that callers could not get through.

While deeply disappointed that they have not yet been able to sail to Gaza, the passengers feel they have been successful at exposing the ongoing plight of the people of Gaza and the inhumanity of the Israeli government. 

"The success of the flotilla is shown by the huge expenditure of financial and personnel resources by the Israeli government to counter 10 civilian, unarmed ships with 300 citizen activists who simply want to sail to Gaza out of concern for the people of Gaza," says jazz musician and passenger Richard Lopez.

http://twitter.com/usboattogaza  

US Boat to Gaza website.

 

    

Updates from Greece: Freedom Flotilla II: The Tahrir: Canada

The departure of ships with any flag from Greek ports to Gaza has been officially prohibited under the orders of the Greek government.

An hour ago, a Greek MP held a press conference in support of CBG and FF2 in front of the Tahrir at the port of Agios Nikolaos on the island of Crete (near the eastern end.)

All the delegates of Tahrir, from all countries, are well, free (no one has been arrested or detained) and in high spirits, each and every one of them

For coverage of what happened on the Tahrir yesterday: http://livenews.thestar.com/Event/Aboard_the_Gaza_flotilla

For the media:
 
Greece:
 
David Heap: +30 (697) 837 9887
Dylan Penner: +30 (699) 663 6796
Sandra Ruch: +30 (698) 030 1711
 
Canada:
 
Ehab Lotayef: 514.941.9792
lotayef@gmail.com
Wendy Goldsmith: 519.619.6766 wendygoldsmith21@gmail.com


Please keep the letters and calls to the Greek and Israeli authorities and the Canadian government going strong. We know that it makes a difference.


EVENTS

Let us know if you are planning an event or activity. We’ll help get the word out.

http://www.youtube.com/watch?v=XgcCuqILdeU
http://www.origami-instructions.com/easy-origami-boat.html


MONTREAL

1. July 2, Saturday, 4:00 PM, at the entrance of the Montreal Jazz Festival  (Bleury / Président Kennedy.)

We will rally to show solidarity with the Canada Boat, the Tahrir, we will have banners and distribute material. We will call on the Greek government to the Flotilla sail.

2. July 4, Monday. 11h30 AM, in front of the Greek Consulate (1002 Sherbrooke W.) We will deliver letters to the Greek Consulate, demanding they let the Tahrir sail.


OTTAWA

1.  July 2, Saturday, 12:00 noon, Vigil at the Greek Embassy, 76-80 McLaren Street (near Cartier.)

http://www.facebook.com/event.php?eid=177987668927794

2.  July 3, Sunday, 1:00-3:00 PM, at the Human Rights Monument (Elgin St./Lisgar St) Ottawa Symbolic launch, all welcome.
 
http://www.facebook.com/event.php?eid=156111541128152


TORONTO

1. July 2, Saturday, 3pm, Location: Greek Consulate, 365 Bloor Street East


VANCOUVER

1. July 2, Saturday, 2:00-4:00 PM, In front of CBC headquarters at corner of Georgia & Hamilton.
 

VICTORIA

1. Sunday, July 3, 2:00pm, Beside the Tourist Information Centre, Wharf at Government St., Inner Harbour Rally.
 

WINDSOR, ON

1. July 2, Saturday, 11:00 AM – noon, Corner of Ottawa and Monmouth (across from Market Square.)

Windsor Peace Coalition
 
http://www.facebook.com/event.php?eid=233175653373617


WINNIPEG

1. July 2, Saturday, 1:00 p.m. Corner of River Avenue and Osborne Street in Winnipeg.

http://www.facebook.com/event.php?eid=219730754734154

Together we can end the siege of Gaza!

• English
• Français
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Gaza Blockades: Canadian "Tahrir" and US "Audacity of Hope": Freedom Flotilla II

July 1, 2011

The blockade of Gaza reaches the shores of Greece!

As it attempts to sail, the Canadian Boat to Gaza, the Tahrir, blockaded in Greece

Greek coast guard are now on board the Tahrir attempting to arrest Sandra Rush, Jewish Canadian member of the Canada boat to Gaza Steering Committee, who is refusing to surrender boat's registration papers.

Efforts to stop Freedom Flotilla 2 - Stay Human from sailing have included diplomatic pressure and manipulation, economic blackmail, bureaucratic obstacles, baseless and slanderous allegations against the flotilla and the delegates, and sabotage of at least two vessels.

"The world watched as an intensive campaign to prevent the Tahrir and the entire Freedom flotilla II from sailing was underway.  We have been unjustly and duplicitously treated." said Irene MacInnes of the Tahrir organizing committee. "The government of Israel, shamefully with the tacit support of the Harper government, is doing everything in its power to maintain the blockade. 


Today, as a result of the concerted efforts of the 4th largest military power in the world and its backers, we have been prevented from sailing to Gaza. Yet we will persevere in our attempts till the blockade is lifted."

"Israel has in effect extended the illegal blockade of Gaza to Greek ports, using the Greece's economic difficulties to influence the government's position", said David Heap of the organizing committee.

"We remain absolutely clear that the Canadian Boat to Gaza has not been, is not, and has no intention of, breaking any laws. It is the blockade of Gaza that is illegal under international law. 


We have a legal and moral obligation to challenge the blockade, given the failure of the international community to act", said Dylan Penner of the organizing committee. "This is why we must continue our attempts to sail to Gaza: to challenge the illegal and immoral blockade and to equally challenge the Canadian federal government's support for it."

Meanwhile the US boat to Gaza, The Audacity of Hope, is at a standoff with the Greek Navy boats, refusing orders to return to shore.

For biographies of delegates aboard the Tahrir visit:  

www.tahrir.ca/content/delegates-board-tahrir

Contacts in Greece:
David Heap: +30 (697) 837 9887
Dylan Penner: +30 (699) 663 6796
Sandra Ruch: +30 (698) 030 1711
Contacts in Canada:
Ehab Lotayef: 514.941.9792 - lotayef@gmail.com
Wendy Goldsmith: 519.619.6766 - wendygoldsmith21@gmail.com


----------------- français  ---------------


Pour diffusion immédiate

Le 1er juillet 2011

Le blocus de Gaza s’étend jusqu’aux côtes grecques!

Alors qu’il tente de prendre la mer, le Bateau canadien pour Gaza, le Tahrir, est retenu en Grèce


La garde côtière grecque a arraisonné le Tahrir et tente d’arrêter Sandra Rush, une citoyenne canadienne de confession juive et membre du comité de pilotage du Bateau canadien pour Gaza, qui refuse de céder les documents d’enregistrement du bateau.

On a pratiquement tout fait pour empêcher la Flottille pour la Liberté II – Rester humain, de prendre la mer : pressions et manipulations diplomatiques, chantage économique, obstacles bureaucratiques, allégations sans fondement et diffamatoires à l’endroit de la flottille et des délégués, sabotage d’au moins deux navires, etc.

«Le monde entier a pu voir à l’œuvre la campagne intensive pour empêcher le Tahrir et la Flottille de la liberté de partir. Nous sommes victimes d’injustice et de duplicité» a dit Irene MacInnes, du comité de pilotage du Tahrir. «Le gouvernement israélien, avec l’appui tacite et honteux du gouvernement Harper, fait tout en son pouvoir pour maintenir le blocus. Aujourd’hui, en raison des efforts concertés de la 4e puissance militaire au monde – et de ses supporteurs – nous avons été empêchés de mettre le cap sur Gaza. Mais nous allons persévérer et multiplier nos efforts jusqu’à ce que le blocus soit levé.»

«Dans les faits, Israël a étendu son blocus de Gaza jusqu’aux ports grecs. Au fond, Israël s’est servi des difficultés  économiques de la Grèce pour influencer la position du gouvernement grec» a dit David Heap du comité de pilotage.

«Soyons parfaitement clairs: le Bateau canadien pour Gaza n’a jamais enfreint la moindre loi. Nous sommes en tout point en conformité avec le droit. C’est au contraire le blocus de Gaza qui enfreint le droit international. Étant donné l’inaction de la communauté internationale, nous avons l’obligation légale et morale de contester le blocus» a dit Dylan Penner du comité de pilotage. «C’est pourquoi nous devons continuer nos efforts pour nous rendre à Gaza : pour contester le blocus illégal et immoral ainsi que l’appui que lui donne le gouvernement canadien.»

Pendant ce temps, le bateau américain pour Gaza, The Audacity of Hope, n’a pu s’éloigner que de quelques mètres des côtes grecques, étant bloqué par des navires de la marine grecque. Le bateau américain répond négativement aux ordres de regagner le rivage.


Pour la biographie des délégués à bord du Tahrir : http://www.tahrir.ca/fr/content/d%C3%A9l%C3%A9gation-%C3%A0-bord-du-tahrir

-30-

Info en Grèce
Stéphan Corriveau: +44 7715 055 541
David Heap: +30 (697) 837 9887

Info au Canada
Lorraine Guay: 514.746.8453 -  lorraineguay@videotron.ca
Denis Kosseim: 514.923.5594 - denis.tahrir@gmail.com


 

UN: Office of the High Commissioner: Human rights / Counter terrorism

30 June 2011

Human rights / Counter terrorism: 
The new UN listing regimes for the Taliban and Al-Qaeda

 
Statement by the Special Rapporteur on human rights and counter terrorism,
 Martin Scheinin

GENEVA – On 17 June 2011, the Security Council adopted two landmark resolutions that result in a major reform of the Taliban and Al Qaeda terrorist sanctions regime. The listing of terrorist individuals and entities by a Committee of the Security Council, and the duty of all states to subject anyone on the list to a freezing of assets and a travel ban has grown from Resolution 1267 (1999). That resolution was limited in time and space, as it merely targeted the then Taliban regime of Afghanistan, to put pressure upon it to hand over terrorist leader Osama bin Laden. 

Due to the threat posed to international peace and security by the Taliban harboring bin Laden, the resolution was a proper measure under Chapter VII of the UN Charter.

A highly problematic step was taken through resolution 1390 (2002) which, under Chapter VII of the Charter, converted the Taliban list into a global consolidated list of Taliban and Al Qaeda terrorists, without any temporal or geographic limitations. Coupled with the permanent, or at least indefinite, duration of the resulting sanctions, these features led the Special Rapporteur to conclude that the Security Council is acting ultra vires, beyond its powers, by maintaining under Chapter VII its consolidated list of Taliban and Al Qaeda terrorists.

The terrorist blacklist has been subject to consistent and growing criticism, including by certain judicial bodies and the Human Rights Committee, for its human rights shortcomings. Issues of fair trial and due process, right to privacy, freedom of movement and right to property have been raised and litigated.

The Security Council has proven to be responsive to criticism. A series of reforms have been decided to remedy at least some of the shortcomings and to bring elements of due process into the terrorist listing. Prior to the June 17 resolutions, Resolution 1904 (2009) was the most important of the reforms, establishing the office of a Delisting Ombudsperson and a tight time frame for the consideration of delisting requests.

Despite the reforms, the Special Rapporteur has maintained the position that the procedures for terrorist listing and delisting by the 1267 Committee of the Security Council do not meet international human rights standards concerning due process or fair trial. 

Therefore he takes the view that as long as proper due process is not guaranteed at the United Nations level when listing individuals or entities as terrorists, national (or European Union) courts will need to exercise judicial review over the national (or European) measures implementing the sanctions.

The Special Rapporteur’s assessment of the new Resolutions 1988 and 1989 is the following:
 
The two resolutions separate the Taliban and Al Qaeda sanctions regimes from each other. The 1267 regime, originally created for the Taliban, is converted into a global Al Qaida terrorist listing regime. The Taliban will be covered by the new Resolution 1988 which is based on a territorial limitation, the identification of the situation in Afghanistan constituting a threat to international peace and security.

While the new Taliban sanctions regime under Resolution 1988 is easier to reconcile with Security Council powers under Chapter VII of the UN Charter than the preceding global Taliban and Al Qaeda terrorist listing regime, it is a retrogressive step in relation to the human rights concerns expressed and the reforms already undertaken within it. In particular:
 

• The grounds for delisting (paragrah 18) are openly political.  They cover “individuals that meet the reconciliation conditions agreed to by the Government of Afghanistan and the international community”, which include “respect for the Afghan Constitution”.
•  
• The Delisting Ombudsperson, introduced through Resolution 1904 (2009) as a dimension of independent review in relation to the consolidated Taliban and Al Qaida terrorist list, will have no role in the new Taliban sanctions regime.

In relation to the modified 1267 sanctions regime, that under Resolution 1989 now relates only to persons or entities associated with Al Qaeda, the reverse observations apply:
 

• The Special Rapporteur remains critical of the view that the criminal terrorist network generally known as the Al Qaeda would, without geographical or temporal limitations, constitute a permanent threat to international peace and security in the meaning of Article 39 of the United Nations Charter and hence trigger the powers of the Security Council to introduce under Chapter VII of the UN Charter mandatory measures, legally binding upon all Member States.
•  
• The Special Rapporteur commends Resolution 1989 for the important measure of removing the consensus requirement from delisting decisions. Under Resolution 1989, the Delisting Ombudsperson or the designating State can de facto exercise delisting powers by default, unless the 1267 Sanctions Committee by consensus decides to retain the listing. 
•  
• However, this important improvement is compromised by the possibility of any member of the Security Council to refer a delisting recommendation by the Ombudsperson or by the designating State to the full Security Council, where its normal decision-making rules will apply. This means that delisting will require the votes of nine out of the 15 members of the Security Council and can be blocked by the veto of any of the five permanent members.

In the assessment of the Special Rapporteur, the Al Qaeda sanctions regime under Resolution 1989 does not, judged by the letter of the resolution, remedy the human rights shortcomings expressed in relation to the earlier Consolidated List. Judicial challenges at national and European levels are likely to continue. 

Due to the unsatisfactory level of due process guarantees such as disclosure of information and a right to an effective remedy, the strengthened role of the Ombudsperson is unlikely to satisfy national or European courts that the safeguards at the United Nations level are sufficient, so that these courts could allow deference instead of exercising their jurisdiction over the national or European measures for the implementation of the sanctions.

However, if it turns out that Security Council members are prepared to secure all the following conditions, the assessment may change:
 

• any listing proposal requires the submission of the full set of information that is used as the substantive basis for the listing proposal;
•  
• the person or entity subjected to the listing proposal has the right and practical means to effectively challenge the proposal;
•  
• the Delisting Ombudsperson has access to the full set of information used for the listing; 
•  
• the delisting recommendations by the Ombudsperson or delisting proposals by the designating State are in practice respected, so that they are not overturned through a consensus decision by the 1267 Committee or referred to the full Security Council.

If these conditions are met in the implementation of Resolution 1989, the Special Rapporteur finds it likely that national or European courts will require listed individuals or entities to exhaust the delisting procedure of the Ombudsperson before exercising their jurisdiction in relation to the national or European implementing measures.”

ENDS

Martin Scheinin was appointed Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, by the former United Nations Commission on Human Rights in August 2005.  His six years of service as Special Rapporteur will come to an end on 31 July 2011. 

The mandate was renewed by the Human Rights Council in October 2010.  As Special Rapporteur, he is independent from any Government and serves in his individual capacity. He is Professor of Public International Law at the European University Institute (EUI) in Florence, Italy.

As Special Rapporteur he has addressed the issue of terrorist listings on a number of occasions, including by appearing before the 1267 Sanctions Committee, as part of his country visits and in several of his thematic reports, including:  

• 2006 report on freedom of association (A/61/267) 
•  
• 2010 report on the compliance by UN with human rights while countering terrorism (A/65/258) 
•  
• 2011 report on best practice in countering terrorism (A/HRC/16/51) 
•  
• Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism 

UN Global Counter-terrorism Strategy 

Information/media requests: 

Nikolaus Schultz

+41 22 917 9402 

nschultz@ohchr.org

srct@ohchr.org

 

UN Human Rights:

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