On the Concerted Hostile Reactions
of the Dutch Embassy & Arroyo Regime
By Prof. Jose Maria Sison
Chief Political Consultant
National Democratic Front of the Philippines
14 July 2007
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. ###