The Dutch embassy in Manila and the
officials of the Arroyo regime have concertedly expressed their
hostile reaction to the 11 July 2007 judgment of the European Court
of First Instance (ECFI) in Case T-47/03, Jose Maria Sison versus
the Council of the European Union. They denigrate this judgment
by insinuating that it amounts to nothing and has no bearing and
effect on the decision of the Council that has retained me in the
terrorist blacklist and has continued to impose sanctions on me
since 28 June 2007.
The facts of the case covered by the ECFI judgment are mainly within
the period from the Council’s first decision to include me
in the blacklist on 28 October 2002 to the final public hearing
on my case before the ECFI on 30 May 2006. This period covered the
29 May 2006 decision of the Council. Nevertheless, the issues resolved
by the judgment are also involved in the 28 June 2007 decision of
the Council of the EU. Therefore, the judgment has a direct bearing
and effect on the aforesaid decision of the Council.
I advise the public and the press to visit
the website of the ECFI to read accurately its 55-page judgment on my case. The ECFI judgment
annuls what it could cover as the last of the serialized decisions
of the Council of the EU to keep me in the terrorist blacklist and
to impose unwarranted sanctions on me. It rules that the Council
has violated my rights to defense, has failed to comply with the
obligation to state reasons for blacklisting me and has violated
my right to effective judicial protection.
The ECFI also orders the Council of the EU to bear the costs of
the litigation that I have incurred as plaintiff and the National
Democratic Front of the Philippines (NDFP) as intervener. It refrains
from ordering the Council to compensate me for the termination of
my social benefits (living allowance, health insurance, old age
pension) and for moral and material damages, but it paves the way
for me to claim these in The Netherlands or in further litigation
at the European level.
The judgment of the ECFI is applicable to the Council Decision
dated 28 June 2007 because this decision has exactly the same infirmities
and is also violative of my rights as in the Council Decision dated
29 May 2006. The Council of the EU continues to violate my rights
to defense and to effective judicial protection. Prior to its 28
June 2007 decision, the Council merely sent to me a letter dated
23 April 2007 repeating the same lies it had previously presented
to the ECFI. I replied to this letter with observations dated 22
May 2007. The Council did not call me to any hearing before making
its 28 June 2007 decision.
It has not afforded me any kind of fair procedure. It has also evaded
accountability for violating my rights for more than more four years
already.
To this day I have never been called to any criminal investigation
concerning any specific crime of terrorism. In Europe or anywhere
else in the world, I have never been accused of committing any kind
of crime before police authorities or the courts. In the Philippines,
I have never been charged with the crime of terrorism. It is only
on 15 July 2007 that the law on anti-terrorism is supposed to take
effect and be implemented in the Philippines. And this oppressive
law is now about to be contested before the Philippine Supreme Court
for being violative of the bill of rights.
The hostile reactions of the Dutch embassy and the officials of
the Arroyo regime to the favorable judgment that I have obtained
from the ECFI reflect the arrogance, malice and viciousness of state
authorities under the influence of the Bush war of terror in the
draconian world of imperialist plunder, fascism and aggression.
Behind the scenes the US, Dutch and Philippine governments are already
prodding the Council of the European Union to circumvent or negate
the ECFI judgment by ignoring it and further protracting the legal
battle, while continuing to persecute me.
I speak from experience. I know how the Dutch government has prevented
me from getting legal admittance and residence in the Netherlands
despite my having been recognized as a political refugee by its
own highest administrative court, the Raad van State or Council
of State. The Dutch government is on record as the hyperactive pusher
within the Council of the EU for my blacklisting as a “terrorist”
and has gone so far as to distort and misrepresent the favorable
judgments of the Raad van State on my asylum case in 1992 and 1995.
My lawyers and I demand that the Council of the EU respect and
comply with the letter and spirit of the ECFI judgment. We anticipate
that the Council would ignore our demand and would appeal the judgment
on a question of law within the allowed period of two months. Such
appeal would start another round of protracted legal struggle, unless
the Court rules to shorten the process.
While the legal struggle goes on, I continue to be persecuted by
being blacklisted and stigmatized by the Council as a “terrorist”
and by being subjected to the violation of my fundamental rights
and freedoms, to “civil death” (deprivation of economic
means) similar to that in the ancient regime in France and to public
incitement of hatred and violence against my person. However, I
have already gained advantage by having won my case on 11 July 2007.
I call on all the people, parties, organizations and movements
that have supported me in my legal and political struggle to defend
my fundamental rights and freedom and to remain firm, vigilant and
militant against the forces of imperialist plunder, fascism and
aggression. These evil forces never get tired of exploiting and
oppressing the people. They are always driven by their greed and
bloodthirst to suppress those who fight for the national liberation
of the oppressed peoples, democracy and social justice for the working
people, development and world peace. We must continue to struggle
for a new and better world. ###
REFERENCE:
Ruth de Leon
Executive Director
NDFP International Information Office
Tel.+31-30-2310431
Fax +31-84-7589930
Email: ndf@casema.nl
|
