EU court orders removal of Hamas from terror list

Published December 18, 2014
GAZA: Deputy Hamas chief Moussa Abu Marzouk gestures during an interview here on Wednesday.—Reuters
GAZA: Deputy Hamas chief Moussa Abu Marzouk gestures during an interview here on Wednesday.—Reuters

LUXEMBOURG: The Palestinian group Hamas must be removed from the European Union’s terrorism blacklist, but its assets will stay frozen for the time being, a European court ruled on Wednesday.

The original listing in 2001 was based not on sound legal judgements but on conclusions derived from the media and the internet, the General Court of the European Union said in a statement.

But it stressed that Wednesday’s decision to remove Hamas was based on technical grounds and does “not imply any substantive assessment of the question of the classification of Hamas as a terrorist group”.

The freeze on Hamas’s funds will also temporarily remain in place for three months pending any appeal by the EU, the Luxembourg-based court said.

Hamas, which has been in power in the Palestinian territory of Gaza since 2007, had appealed against its inclusion on the blacklist on several grounds.

Hamas’s military wing was added to the European Union’s first-ever terrorism blacklist drawn up in Dec 2001 in the wake of the Sept 11 attacks in the United States.

The EU blacklisted the political wing of Hamas in 2003.

“The General Court finds that the contested measures are based not on acts examined and confirmed in decisions of competent authorities but on factual imputations derived from the press and the internet,” the court said.

Instead, such an action had to be based on facts previously established by competent authorities.

European Parliament vote: Sri Lanka’s Tamil Tigers were removed from the list in October after an almost identical judgement.

The lawyer for Hamas, Liliane Glock, said she was “satisfied with the decision”.

“Every decision since 2001 imposing restrictive measures, including on the armed wing, have been annulled. I believe that this judgement shows the whole world that it exists and is legal,” Glock said.

The lawyer added that the court’s decision also showed that the EU could not base its decision on the US terror list, although there was no mention of that list in the court’s judgement.

Hamas was founded in 1987 shortly after the start of the first Palestinian intifada, or uprising, and was inspired by Egypt’s Muslim Brotherhood.

Published in Dawn December 18th , 2014

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