Defining Terrorism and Victims of Terrorism - Essay Example

Download file to see previous pages On the facts of the Nada case, beginning in 1998 the UN Security Council passed a number of Resolutions in response to terrorist attacks on US embassies in Kenya and Tanzania. Resolution 1267 was passed in 1999 and related to sanctioning the Taliban. In 2000, the Swiss Federal Council implemented Resolution 1267 by passing the Taliban Ordinance. Resolution 1333 was passed by the UN Security Council in 2000 and expanded sanctions against the Taliban to include Al-Qaeda members. The expanded sanctions required the appointed UN Sanctions Committee to coordinate intelligence from states of any individual or party that might have connections with Al-Qaeda or its leader Osama bin Laden. In 2001, the Swiss government implemented Resolution 1333 and included a provision prohibiting entrance or transit via Switzerland of any person or party covered by the Resolution.

In October 2001 the Swiss Federal Prosecutor commenced an investigation of Nada, an Egyptian and Italian national living in Switzerland. The following month in November 2001, Nada together with others linked to him were included on the list maintained by the Sanctions Committee and were listed by virtue of the Swiss Taliban Ordinance. In 2002, the UN Security Council passed Resolution 1390 which provided for the prohibition of entrance and transit for persons or parties linked to individuals and parties listed under Resolutions 1267 and 1333. The Swiss government amended the Taliban Ordinance to reflect Resolution 1390. In November 2002, Nada was arrested and deployed to Italy and his funds were confiscated. In the meantime, Nada’s border permit applicable to Switzerland was revoked.

In March 2004, Nada applied to the Swiss immigration officials for permission to travel to Switzerland for medical care and to commence legal action but his application was denied. In May 2005, the Federal Prosecutor dropped the investigation of Nada on the grounds that the claims could not be substantiated. As a result, Nada requested that his name be removed from the list maintained by the Taliban Ordinance. However, the request was denied by the Federal Council on the grounds that since Nada remained listed by the UN Sanctions Committee, he could not be removed from the list maintained by Switzerland.

Thus it was not until 2009 when Nada was removed from the Sanctions Committee list that his name was removed from the annex to the Taliban Ordinance. Nevertheless, Nada filed a complaint under Article 8 (protection of privacy and family life), Article 13 (entitlements to effective remedies), and Article 5 (security and liberty rights and a decision relative to detention without delay) of the European Convention on Human Rights, 1950 (ECHR).  ...Download file to see next pages Read More