By Kremlin Montenegro,contributor,The Pamalakaya times
Manila, Philippines- The judgment of the European Court of First Instance (now called the General Court under the Lisbon Treaty) removing Prof. Jose Maria Sison last 30 September 2009 from the terrorist blacklist of the European Union and unfreezing his bank account is now final and executory, according to a press statement sent to The Pamalakaya Times.
Ruth de Leon, internatonal coordinator of the support group DEFEND Committee said through its Legal Office, the Council of the European Union has confirmed today to Jan Fermon, the lead lawyer of Prof. Sison, that it has not lodged an appeal of the aforesaid judgment to the European Court of Justice within the prescribed period of appeal of two months and ten days from the date of judgment. The expiry date for the appeal was yesterday, 10 December 2009.
“Prof. Sison has sealed his victory after more than seven years of legal struggle against the EU terrorist blacklist since he was placed there on 22 October 2002 and was subjected to deprivation of the essential needs of human life and the violation of his fundamental human rights,” said the Utrecht based de Leon.
De leon said Prof. Sison won his case against the Council of EU before the European Court in 2007 on procedural issues. The court ruled that the Council has violated his rights to be properly informed of the charge, to be defended by counsel and to seek judicial protection.
Last 30 September 2009, Prof. Sison won his case on substantive issues. The court ruled that he was never investigated, prosecuted nor convicted for any specific act of terrorism and that passing and incidental statements in Dutch court judgments actually favorable to him on his asylum case from 1992 to 1997 and on the unproven murder charge against in 2007 did not make him a terrorist.
“The 30 September judgment of the European court in favor of Prof. Sison is a brilliant landmark decision. It is a standard for preventing the arbitrariness of European governments in blacklisting individuals, organizations and other entities as terrorists and for upholding and respecting their human rights. It is a blow on trends of fascism in Europe which have been growing in the name of anti-terrorism”, the DEFEND Committee said.
The lawyers of the exiled Sison said with the 30 September judgment having become final and executory, the case of founding chair of the Communist Party of the Philippines, now chief political consultant of the National Democratic Front of the Philippins (NDFP) negotiating panel to the peace talks with the Government of the Republic of the Philippines against the Council of EU can move forward to the stage of determining what compensation shall be made to his lawyers and to him for the deprivations, violations of rights and moral and material damages that he has suffered for more than seven years.
Prof. Sison’s battery of lawyers includes Jan Fermon from Belgium, Eberhard Hans Schultz and Wolfgang Kaleck of Germany, Antoine Comte of France and Dundar Gurses of The Netherlands. Judge Romeo T. Capulong and Rachel F. Pastores of the Public Interest Law Center and Bernard Tomlow, Dutch lawyer of the NDF International Office, have also provided legal cooperation.
Meanwhile, in Manila, leftwing groups supportive of the resumption of peace talks between the NDFP and the GRP urged the Philippine government to immediately lift the Martial Law in Maguindanao and stop sinister plot to install martial rule across the country, asserting that the imposition of Martial Law will frustrate efforts to bring both belligerent forces back to the negotiating table.
Rural based groups Kilusang Magbubukid ng Pilipinas (KMP) and the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said the imposition of Martial Law will send the talks in total collapse if the Arroyo administration pushes the execution of Martial Law all over the country.
Both groups maintained that the Ampatuan massacre last Nov.23 was orchestrated by top national security officials of Malacanang to stop the 2010 elections, lay down the grounds of Martial Law and perpetuate Mrs. Arroyo to power.