UNITED NATIONS, Feb. 12 (Xinhua) -- Preventative
sanctions against people associated with terrorist groups present tough legal
issues, but have been recognized by various courts as needed, the coordinator of
the team that monitors the United Nations Security Council regime against
Al-Qaida and the Taliban said here on Thursday.
"It's a great problem with all jurisdictions, to deal
with this issue to prevent crime before it has happened," Richard Barrett,
coordinator of the monitoring team of the so-called 1267 Committee on Al-Qaida
and the Taliban, told a news conference at the UN Headquarters in New York.
"Where do you draw the line?" he asked.
In response to challenges, the Security Council has
tried to introduce as much due process into the way it puts individuals and
entities on the "list," subjecting them to the asset freeze, travel ban and arms
embargo of the regime, even though it is not trying to punish them but to
prevent terrorist acts, he explained.
"We're not looking at somebody that has already
committed a terrorist act and dealing with the consequences of their crime," he
said. "We are trying to stop them from committing that crime in the first
place."
"There's not much point otherwise to the regime. I
mean, national courts can deal with criminal acts," he added.
Challenges to the regime in the European Court of
Justice and in such countries as Turkey, Switzerland and the United States have
not successfully proscribed the measures, but many were concerned that the
regime should have clear and fair procedures for getting people on -- and off --
the list.
In response, the Security Council put mechanisms in
place to ensure that people are notified and given some sort of idea of the
reasons for their listings. In addition, resolution 1822 of June of last year
requires a review of all the names by June 2010 and after that every three
years.
"So the Security Council has reacted to these issues,
by agreeing to that review, by agreeing to post-narrative summaries for listing
on its website and so on," Barrett said. "But the question now is how the
European Courts will provide for what they see is necessary, which is an
effective judicial review."
Barrett recalled that the sanctions regime was
developed in response to the 1998 terrorist attacks in East Africa against
United States embassies and other sites, in an effort to try to force the
Taliban regime in Afghanistan to try to give up Osama bin Laden for justice.
After the attacks of Sept. 11, 2001 on the United
States, the sanctions became more global in scope, targeting people all over the
world who had really no affiliation with one particular State, which was quite a
novel departure for the Security Council, he said.
The Security Council tried to make the regime
effective by getting all member states involved in presenting names for
designation on the list of targeted individuals and entities, and in
implementing the sanctions against them, even though they now number around 500,
requiring a great outlay of resources for all concerned.
"But nevertheless, I think there is huge support for
this regime and I can think of no member state that has any question that it's
necessary for the Security Council to do something which is operationally
effective rather than purely symbolic," he said.