Jose Maria Sison has scored a victory with the decision of the European Union Court of First Instance in Luxembourg that could result in his name being taken off the EU terrorist list.
The Communist Party of the Philippines (CPP) founding chair said he is very happy to have finally received the justice that he has longed for in seven years.
The court ruled that the EU had based its move on legal procedures in the Netherlands -- where Sison has lived since 1987 -- assessing his eligibility for refugee status, instead of basing it on a "terror" probe.
"The national decisions relied upon by the (EU) in order to freeze the applicant's funds did not relate either to the instigation of investigations or prosecution or to a conviction for terrorist activity, contrary to the requirements of (EU) law," the Luxembourg-based Court of First Instance said.
“Siyempre nagagalak ako at tinatanggal na ang pangalan ko sa terrorist blacklist sa EU. Mismong EU court nagsasabi na walang batayan iyong terrorist blacklisting sa akin. May consequence iyan. Pwede ko nang habulin iyong tinerminate na social benefits sa akin, iyong kaunting fund namin ni Julie ma-unfreeze. What's more substantial eh iyong more than seven years akong di binigyan ng subsistence allowance, insurance pati old age pension eh isasauli iyon,” Sison said.
The September 30 annulment of the EU Court of First Instance of all the EU Council decisions blocking Sison’s assets could now result in his name being taken off the list.
It’s because the EU Council has used the terrorist list as the main basis for freezing Sison’s assets since October 28, 2002.
According to Sison’s lawyer Jan Fermon, there is only one listing and it is a list for freezing assets.
“The court decided to annul all the decisions including him [Sison] in the list and that means that the decision of the court is that he [Sison} should not be in the list. It’s very simple,” Fermon told Balitang Europe in an exclusive interview.
“The list is in fact an asset freezing list. The purpose of the list is to freeze assets and the only effect of the list, the only legal effect…there is of course the aspect of labeling somebody, criminalizing and vilifying a person. The legal effect of the list is freezing assets so the decision [EU Court] is that all decisions including Sison in the list are cancelled, annulled. The result of that is that there is no more asset freezing. So there is no more discussion possible. The fact that his assets are not frozen anymore is only the result of the fact that he's taken off the list. There is no discussion, the court decided, that Sison can be included in the terror listing,” Fermon explained.
”The court says that he [Sison] cannot be in this list. His name cannot be in the previous lists that have been adapted. His name can't be there,” Fermon reiterated.
The EU Court’s decision favored Joma because it said that all of the Council’s acts to block Sison’s funds were not supported by any investigation or conviction related to his alleged terrorist activity.
Sison is one of the 59 individuals listed on the EU terrorist list and the CPP is also one of 47 groups listed.
However, even with the decision, Sison’s name will still remain on the blacklist for two months and ten days while the EU council decides if it will appeal the court’s decision.
And if the latter decides to do so, Sison’s name will still remain on the list for the duration of the appeals process.
Asked if the EU Council will appeal court decision, the Council responded, “For the time being, the only reaction by the Council of the EU is that the Council is currently examining today's EU Court of First Instance Decision."
For Fermon, there are still pending cases to be solved such as their claim for compensation.
“We agreed that the Court would now decide on the merit of the case and the question of compensation will be pleaded at a later stage. Question of compensation is still pending. It will be possible that the Council launches a frivolous appeal but I think that will be quickly dismissed. Or they may come up with something.. invent,” Fermont said.
Sison said that even if he suffered for seven long years, he know that in the end he will conquer those that want to oppress him.
“Yang Arroyo regime, siya [ang] pursigidong mag-supply ng false charges in connection with this terror listing so masasabi ko sa kanila palpak ang pagiipit nila although pinahirapan ako for 7 years. Eh ano yan sabi ko kahit me prospect akong mang-collect ng accumulated benefits, madami na kong inutang kaya konti na lang pang blow-out ko sa mga kaibigan,” Sison joked.
With a report from Agence France Presse
as of 10/01/2009 6:29 PM
