The PKK, terrorist organizations and standing to sue: Case C-229/05 P

The Court of Justice has handed down a rather complex judgment in Case C-229/05 P PKK and KNK v. Council. Essentially, the case turned on whether Osman Ocalan could properly represent the PKK, the Kurdistan Workers' Party, as he had declared that the PKK no longer existed.

The story goes like this. The UN Security Council adopted Resolution 1373 (2001) calling on all states to suppress and prevent the financing of terrorist organizations. That resolution was implemented in EU law by, among others, Council Decision 2002/334/EC. That Decision was replaced by Decision 2002/460/EC which included the PKK on the list of terrorist organizations whose assets should be frozen.

Osman Ocalan brought an action to annul Decision 2002/460/EC on behalf of the PKK and Serif Vanly also brought an action on behalf of the Kurdistan National Congress (KNK). The Court of First Instance dismissed both actions as inadmissible by an order of February 15th, 2005 in Case T-229/02. As for the PKK, the Court of First Instance found that the organization no longer existed and thus Mr Ocalan could not represent it. And as for the KNK, the Court of First Instance held that it was not individually and directly concerned by the measure which was directed against the PKK. The plaintiffs then appealed to the Court of Justice.

In respect of the PKK, the Court of Justice held in its judgment in Case C-229/05 P that the Court of First Instance had misconstrued the evidence on the existence of the PKK. It held that the evidence adduced before the Court of First Instance showed that the PKK did in fact still exist and that it had sufficient capacity to bring an action to annul a measure that applied to it. The Court of Justice thus referred the case back to the Court of First Instance so that it can examine the merits of the PKK's case.

As for the KNK, the Court of Justice held that the Court of First Instance was correct to find that the KNK was not individually and directly concerned within the meaning of Article 230 (4) EC by the measure. The KNK claimed that it provides a representative platform for the PKK. An association which represents a category of natural or legal persons cannot be considered to be individually concerned, for the purposes of that provision, by a measure affecting the general interests of that category (see, Joined Cases 19/62 to 22/62 Fédération nationale de la boucherie en gros et du commerce en gros des viandes and Others v Council, at p. 499, and the order in Case 117/86 UFADE v Council and Commission, at paragraph 12). The KNK also claimed that it was linked to the PKK and as a consequence some of its funds could be frozen if it dealt with the PKK as a consequence of the Decision. But the Court of Justice held that it is settled case-law that a link of that kind is inadequate to establish that an entity is individually and directly concerned for the purposes of Article 230 (4) EC.

Interestingly, the KNK submitted that if Article 230 (4) EC was interpreted in that way - to reject the action of a connected person - then it would be in breach of the European Convention of Human Rights. As a result the Court of Justice examined the case law of the European Court of Human Rights on the right of action of persons linked to a victim of a violation of human rights while not being themselves a direct victim of the violation. It is apparent, according to the Court of Justice, from the case-law of the European Court of Human Rights that persons who claim to be linked to an entity included in the list annexed to Common Position 2001/931, but who are not included in it themselves, do not have the status of victims of a violation of the ECHR within the meaning of Article 34 thereof and that, consequently, their applications are inadmissible (see, Segi and Gestoras Pro-Amnistia and others v. 15 States of the European Union).

For other posts on terrorist cases see here, here and here.

Comments

[el tom]

Wow, I'm glad I stumbled across this. Hoprfully this will complement my revision...

[Bartolus]

Welcome, El Tom ! Happy this blog is of assistance and interest to you. But don't forget that for serious study or work, there ain't nothing like reading the primary sources to which links are provided whenever possible. A summary is necessarily selective.

[EU Law Geek]

Hi, my name is Julien and I m a French lawyer specialized in EU Law, and competition law. I am creating my website dedicated to European Law (including the ECHR). It is called "EU Law Geek" and there is a French version and an English version. I would like to know whether I could use your blog to translate interesting articles into French and to publish them on my website? I also would like to put your blog's feed on my home page.

I hope this is not a problem. Be sure that I won't use your articles without your permission, however, it would be a good way to share information when my site is online.

Julien

[Company relocation]

Company Relocation likegrass on the other side of the fence looks greener to many entrepreneurs, and a change of place looks like the most promising path to growth.
Thanks

[new louis vuitton belt]

for this drug, I find it considerably more addictive. When rece ntly reading about findrxonline I was wond ering if US

[buy jeans]

In respect of the PKK, the Court of Justice held in its judgment in Case C-229/05 P that the Court of First Instance had misconstrued the evidence on the existence of the PKK.

[cheap volkswagen golf]

Hi

Be sure that I won't use your articles without your permission, however, it would be a good way.......

Thanks for Sharing......

[cheap designer handbags]

I can't believe how much of this I just wasn't aware of. Thank you for bringing more information to this topic for me. I'm truly grateful and really impressed. http://www.taobao-trade.com.

[cheap cigarettes]

The ABA Sections on Antitrust Law and International Law made some interesting comments, available here, shortly before the new Notice was published.

[asics shoes]

city in Chinese ancient society is not very important,http://www.asicsusashoes.com/

[mbt shoes]

especially in the early stages of dynasties era.http://www.mbtusasale.com/

[Moncler Jackets]

an entity is individually and directly concerned for the purposes of Article 230 (4) EC.

[air jordan 6]

I am a blog beginner. I am also interested in such kind information. You provide me a good example. Thanks very much. I will keep on reading your blogs.

[Hogan]

I am a blog beginner. I am also interested in such kind information. You provide me a good example. Thanks very much. I will keep on reading your blogs.

[バーバリー]

2011年３月11日、大地震と大津波が東日本を襲い、原発事故が起きました。毎日新聞の現地取材網、販売網も大きな被害を受けましたが、全国の取材拠点から、記者、カメラマンを被災地に派遣し、総力を挙げて大災害の取材にあたりました。その成果が大型検証記事「検証　大震災」で、被災者の証言を積み重ねて災害の実態を明らかにしました。この「検証　大震災」は、優れたジャーナリズム活動を顕彰する日本ジャーナリスト会議（ＪＣＪ）のＪＣＪ賞を受賞しました。また、「被災者に寄り添う」ことを目指し、被災地の生活サポート情報を掲載した「希望新聞」も高い評価を受けています。

[ティンバーランド]

このティンバーランド通販店のブーツはデザインもよれば色も良いです。そして、ブーツは大人用のもなれば子供用のもあります。

[cheap microsoft oem]

dYHwfV Thank you, a very interesting note!!....