
The European Court of Justice Removes LTTE from the Terrorists List.
European Court of Justice upholds the decision of the General Court’s judgement on removing LTTE from the European list of terrorist organisations.
On 27th December 2001, European Member States decided to ban organisations that they believe involved in terrorism activities. The LTTE was also added to the list in 2006. In 2014 the General Court has ruled that ban on Hamas and LTTE should be lifted, however European Member States (EU Council) appealed to the European Court of Justice and requested it to set aside the General Court’s ruling. In making the judgement the Court suggested that there was no evidence presented before the court other than the outdated press and internet materials by the competent national authority to support the claim that there was ongoing involvement of LTTE in terrorism activities. ‘The Court of Justice therefore confirms the annulment of the continued freezing of the LTTE’s funds between 2011 and 2015.’
The Court also made an important remark about the third county’s position in banning an organisation in the EU. ‘The Council may not base a person’s or entity’s initial entry on the list on a decision adopted by an authority of a third State unless that decision was taken in accordance with the rights of the defence and the right to effective judicial protection and the Council indicates this in the statement of reasons communicated to the person or entity concerned.’
To read the Court’s press release press the link below:
https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-07/cp170085en.pdf
Provided by Jay Visva Solicitors