EU court overturns freeze on Joma’s assets

BRUSSELS, Belgium – The European Union’s Court of Justice on Wednesday overturned a decision by EU governments to freeze the assets of exiled Philippine rebel leader Jose Maria Sison and the Netherlands-based Al-Aqsa Foundation. Both are on the EU’s terror list.

The Luxembourg-based court said EU governments breached European law by not informing the parties why their assets were frozen under the EU’s anti-terrorism policies.

In its ruling, the court pointed to a similar judgment in December which overturned an EU decision to freeze the assets of the People’s Mujahadeen of Iran, an Iranian opposition group.

The EU ruling said, “rights and safeguards were not respected” by EU governments in adopting decisions to freeze the assets of Sison in 2002, and Al-Aqsa in 2003.

The court’s decision did not rule on whether Sison or Al-Aqsa should be removed from the EU’s terror list entirely. However, the ruling raises more questions over the EU anti-terror measures rushed in after the Sept. 11, 2001 attacks in the United States.

Under its previous ruling, EU governments were asked to review whether the Paris-based People’s Mujahadeen Organization of Iran should be taken off the terrorist list. The EU has refused to remove the group and argues that it has met the court’s demands by providing the PMOI with the required information about its inclusion.

The organization has responded with a lawsuit seeking euro1 million ($1.35 million) in damages, claiming the EU is obliged by the court ruling to annul the 2002 decision designating it as a terrorist group.

A EU panel added Sison, a Philippine national living in exile in the Netherlands, to its terror list in October 2002. He was placed on the list both as an individual and as a member of the New People’s Army, the armed wing of the Philippine Communist Party.

Sison’s lawyers argued that he has not been a leader of the Philippine communists since he was put in prison in 1977 in the Philippines. He left the country in 1986 and now lives in the Netherlands.

The Netherlands-based Al-Aqsa Foundation, which describes itself as a charity aimed at improving the welfare of Palestinians, was added to the EU terror list in June 2003. It claims it carries out only humanitarian work and has no political affiliations.

In Manila, freed Anakpawis Rep. Crispin Beltran yesterday said he is ready to return to work in Congress even as he remains concerned about where to get money to settle unpaid hospital bills, amounting to more than P400,000.

In his first press conference after being held under hospital arrest by authorities, Beltran thanked his supporters, allies and friends “who stood by and supported me throughout my 16-month ordeal as a political detainee charged with rebellion.”

He also particularly mentioned Senators Jamby Madrigal, Ramon Magsaysay Jr., Mar Roxas, Joker Arroyo, Juan Flavier, Francis Escudero, Manny Villar, Serge Osmeña, Franklin Drilon, and Pia Cayetano “who helped fill the massive gap between my hospital bill and my personal capability to pay.”

“My case was a case of blatant political persecution, and it was no secret to anyone, especially not to the Macapagal-Arroyo government,” declared Beltran, who was wearing a red polo shirt and red cap during the press conference in Quezon City.

Beltran lauded the hospital administration for being “very lenient and understanding” when it came to his hospital bills. He noted that the hospital administration understood his personal and political circumstances and allowed a system of delayed payment.

Bayan Muna Rep. Satur Ocampo and Gabriela Women’s Rep. Liza Maza negotiated with the PHC administration Tuesday night so Beltran would be given a hospital pass and allowed to leave the hospital despite the outstanding bills.

Beltran was allowed to leave the hospital by signing a promissory note in lieu of payment.

“I am thankful to the administration, medical and non-medical staff of the Philippine Heart Center for taking care of me the last 16 months. My doctors led by Dr. Raymundo and the nurses – as well as the janitors and other staff – helped make my detention less depressing,” he also said.

According to Beltran, his hospital and medical expenses have reached more than P1.3 million, which were somehow gradually reduced to P443,188.70 because of financial help extended to him by supporters and colleagues in Congress.

He said that the Anakpawis party-list group managed to raise money within a year amounting to P75,000, which served as down payment for his hospitalization at the PHC. – AP, Katherine Adraneda, Paolo Romero