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.
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.
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
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.
With the 30 September judgment having become final and executory,
the case of Prof. Sison 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
Prof. Sison's battery of lawyers includes Jan Fermon from Belgium,
Romeo T. Capulong of the Philippines, Hans Eberhard Schultz and
Wolfgang Kaleck of Germany, Antoine Comte of France and Dundar
Gurses of The Netherlands. Rachel F. Pastores of the Public
Interest Law Center and Bernard Tomlow, Dutch lawyer of the NDF
International Office, have provided legal cooperation.###
For reference please contact:
Ruth de Leon
International Coordinator-Committee DEFEND