Tag Archives: Professor Jose Maria Sison

Delisting of Joma in terrorist list is final, says EU court

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.

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Joma thanked supporters over major legal victory in EU

Joma thanked supporters over major legal victory in EU court

by Gerry Albert Corpuz, senior reporter, The Pamalakaya Times

Manila, Philippines- Communist Party of the Philippines founding chair Prof. Jose Maria Sison thanked members of his legal counsel and support groups for his major legal victory concerning his inclusion in the terrorist listing of the European Union.

“I thank all the people and organized forces in various countries for standing in solidarity with me in the struggle for my rights against blacklist since 2002. I thank my international battery of lawyers for providing excellent legal assistance. I thank the International DEFEND Committee for rallying support for me beyond the confines of the court,” Sison said in a press statement furnished to the Pamalakaya Times.

Sison, chief political consultant to the peace talks of the communist led National Democratic Front of the Philippines said he is happy that the European Court of First Instance (ECFI) has annulled all the decisions and the regulation of the Council of the European Union (EU) that has kept my name in its so-called terrorist blacklist.

The 70-year old Sison said the ECFI has ruled that the judgments of the Dutch State Council and the Legal Uniformity Chamber about my asylum case and those of The Hague District Court Appellate Court about the false charge of murder, do not relate to the instigation of investigations or prosecution or to a conviction for terrorist activity, contrary to the requirements of European Community Law. Said court judgments in The Netherlands are in fact favorable to me but have been maliciously misinterpreted by the Council.

The main point in the ECFI judgment on Sison’s case T-341/07 against the Council of EU is the removal of his name from the blacklist. As a consequence, his small bank account is unfrozen and he was allowed to engage in financial dealings like anyone else normally does.

The ECFI judgment opens the way for me to exercise and enjoy the rights that have been curtailed and suppressed due to the false charge of terrorism.

As Sison’s lawyers and the International DEFEND Committee have pointed out, the CPP founding chair is now in the position of being able to do the following: 1) to claim back the social payments for living allowance, housing, health insurance and old age pension which have been withdrawn from me since 2002; 2) render professional services with remuneration or seek gainful employment; 3) to secure legal admission as a refugee and a residence permit; 4) to travel freely without restrictions; 5) to be free from being demonized and stigmatized as a terrorist; and 6) to claim moral and material damages for what I have suffered since 2002.

Sison agreed with and endorsed the call of the International DEFEND Committee to all its adherents, supporters and friends to celebrate his legal victory in the European Court and at the same time to become more determined than ever before in demanding that the Dutch government, Council of the EU and certain other governments to change their hostile policy towards the NDFP chief political consultant to the peace talks with the Philippine government.

He said the Dutch government and the Council of the EU must cease and desist from being the vehicles of false charges and tools of persecution of the US and Philippine governments against me.

“It is a matter of justice that my rights are fully respected and I am allowed to act freely and fruitfully as the chief political consultant of the National Democratic Front of the Philippines in peace negotiations with the Government of the Republic of the Philippines and not be persecuted and placed under duress,” Sison’s statement read.

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