A/HRC/4/88
page 10
including listings at United Nations and regional levels leading to asset freezing, merit particular
consideration in light of the severe consequences an individual listing can have for the
individual, as well as his or her family and community.
24.
The current system of targeted sanctions against selected persons or non-State entities
includes general anti-terrorism measures under Security Council resolution 1373 (2001) and
al-Qaeda/Taliban sanctions under Security Council resolution 1267 (1999). The listing of a
person or an entity under Security Council resolution 1267 (1999), and subsequent resolutions
including resolution 1390 (2002), entails a duty on all Member States to adopt a number of
sanctions measures against listed individuals and entities, including travel bans and assets
freezing. Decisions on whether to place an individual or entity on the sanctions list are made
by the Security Council Committee established pursuant to resolution 1267 (1999)
(the 1267 Committee) on the basis of information provided by a Member State, and delisting
can only occur with the unanimous consent of Committee members or by a decision of the
Security Council. At regional level, the Council of the European Union has established a system
of individual sanctions through the adoption of detailed Common Positions and Regulations, for
the implementation of Security Council listings.
25.
While the system of targeted sanctions represents an important improvement over the
former system of comprehensive sanctions, it nonetheless continues to pose a number of serious
human rights concerns related to the lack of transparency and due process in listing and delisting
procedures. For example, at present, there is no mechanism for reviewing the accuracy of the
information behind a sanctions committee listing or the necessity for, and proportionality of,
sanctions adopted, nor does the individual affected have a right of access to an independent
review body at the international level. The only recourse for review of individuals and entities
that may be wrongly listed, for example, is for the individual or entity to approach the
Security Council through their State of nationality or residence. While a full consideration of
these human rights concerns is beyond the scope of this paper, in brief, they include questions
related to:
− Respect for due process rights: Individuals affected by a United Nations listing
procedure effectively are essentially denied the right to a fair hearing;
− Standards of proof and evidence in listing procedures: While targeted sanctions
against individuals clearly have a punitive character, there is no uniformity in relation
to evidentiary standards and procedures;
− Notification: Member States are responsible for informing their nationals that they
have been listed, but often this does not happen. Individuals have a right to know the
reasons behind a listing decision, as well as the procedures available for challenging a
decision;
− Time period of individual sanctions: Individual listings normally do not include an
“end date” to the listing, which may result in a temporary freeze of assets becoming
permanent. The longer an individual is on a list, the more punitive the effect will be;
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