In its judgment issued in Luxembourg yesterday, in Case T-47/03 of Jose Maria Sison versus Council of the European Union, the European Court of First Instance (ECFI) in Luxembourg annulled the Council of the European Union (EU) decision blacklisting Prof. Sison as a “terrorist”. The ECFI ruled that the Council of the EU violated the rights of Prof. Sison to defense, the obligation to state reasons and the right to effective judicial protection. There had never been any competent judicial authority calling him to a criminal investigation or any court hearing regarding any terrorist act. The ECFI also ordered the Council of the EU to bear the costs of the litigation incurred by Prof. Sison and the National Democratic Front of the Philippines (NDFP) which acted as an intervener in his favor.
Press Release
International Committee-DEFEND
12 June 2007
EUROPEAN COURT ANNULS TERRORIST LISTING
OF PROF. JOSE MARIA SISON IN LANDMARK DECISION
In its judgment issued in Luxembourg yesterday, in Case T-47/03 of Jose Maria Sison versus Council of the European Union, the European Court of First Instance (ECFI) in Luxembourg annulled the Council of the European Union (EU) decision blacklisting Prof. Sison as a “terrorist”.
The ECFI ruled that the Council of the EU violated the rights of Prof. Sison to defense, the obligation to state reasons and the right to effective judicial protection. There had never been any competent judicial authority calling him to a criminal investigation or any court hearing regarding any terrorist act.
The ECFI also ordered the Council of the EU to bear the costs of the litigation incurred by Prof. Sison and the National Democratic Front of the Philippines (NDFP) which acted as an intervener in his favor.
The judgment of the ECFI directly covers the Council Decision 2006/379/EC of 29 May 2006 and is applicable to the Council Decision dated 29 June 2007 because this decision has exactly the same infirmities and is also violative of the rights of Prof. Sison.
The ECFI judgment does not give compensation to Prof. Sison for the termination of his social benefits (living allowance, health insurance, old age pension) and for moral and material damages but it paves the way for him to claim these in The Netherlands or in further litigation at the European level.
The judgment was penned by Judge J. Pirrung, President of the Second Chamber of the ECFI. The other members of the panel of judges were N. J. Forwood (Rapporteur) and S. Papasavvas.
Prof. Sison was represented by a high-powered international team of human rights lawyers, headed by Jan Fermon (Belgium) and including Hans Schultz (Germany), Antoine Comte (France), Dundar Gurses (The Netherlands), Thomas Olsson (Sweden), Mathieu Beys (Belgium) and Atty. Romeo Capulong (Philippines). The NDFP was represented by its long-time Dutch lawyer Bernard Tomlow.
Prof. Jose Maria Sison was elated by the judgment of the ECFI, especially because he had not expected it to be favorable. He thanked his lawyers for working so hard and for winning a landmark decision. He received congratulations from all over the world for his victory and requests for interview from the major mass media on a global scale.
The NDFP Negotiating Panel chairperson Luis Jalandoni declared that the ECFI’s decision is a victory for Prof. Jose Maria Sison, the National Democratic Front of the Philippines, the Filipino people and all the foreign friends who have supported Prof. Sison in his fight against the “terrorist listing”.
The International DEFEND Committee declares that the people must continue to be vigilant and militant in defense of the rights of Prof. Jose Maria Sison because the US, Philippine and European authorities wish to keep him in their respective terrorist lists, despite the fact that he has never committed any act of terrorism in the Philippines or anywhere else in the world.
The aforesaid authorities have cast blatant lies against him and have gone so far as to deny that he is a recognized political refugee under Article 1 A of the Refugee Convention. The tactic of blacklisting Prof. Jose Maria Sison is calculated to pressure the NDFP to capitulate in its peace negotiations with the Manila government. But it has served only to paralyze said negotiations.###
For Reference and Further Inquiries:
Atty. Jan Fermon
Telephone Nos.: 00-32-475441896
Ruth de Leon
Telephone Nos.: 00-31-30-2310431
Original: EUROPEAN COURT ANNUL TERRORIST LISTING OF PROF. JOSE MA. SISON