A/HRC/8/13
page 16
the purpose of the United Nations to combat the terrorist threat posed by an individual case.
There instead needs to be regular, comprehensive review of the situation of those subjected to
such sanctions.
48. Legal procedures are necessary to ensure that fair and clear procedures exist for placing
individuals and entities on sanctions lists and removing them, as well as for granting
humanitarian exemptions. In short, respect for due process rights must be guaranteed.
International procedures under the authority of the Security Council level and at the domestic
level should sensibly compliment each other in scope and protection. In my view, it is key that
Parliaments debate how internationally binding obligations in this area properly transpose into
domestic law. But at all levels, fair and clear procedures include the right of an individual to be
informed of the measures taken and to know the case against him or her; the right of such a
person to be heard within a reasonable time by the relevant decision-making body; the right to
effective review by a competent, independent review mechanism; the right of such a person to
representation with respect to all proceedings; and the right of such a person to an effective
remedy. My Office has collaborated with the Office of Legal Affairs and the Department of
Political Affairs in a process to “ensure that fair and clear procedures exist for placing
individuals and entities on sanctions lists and removing them, as well as for granting
humanitarian exemptions”.
49. Some improvements have been made recently to the procedures related to the
United Nations targeted sanctions regime. While at present, there is no legal 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 a 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. 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.
50. Individual listings normally do not include an “end date” to the listing, which may result in
a temporary freeze of assets becoming permanent. While targeted sanctions against individuals
clearly have a punitive character, there is no uniformity in relation to evidentiary standards and
procedures. The longer an individual is on a list, the more punitive the effect will be. States only
have standing in the current sanctions regime, which assumes that the State will act on behalf of
the individual. In practice, often this does not happen and individuals are effectively excluded
from a process which may have a direct punitive impact on them.
51. Beyond procedural improvements in the listing process, there is a need for some form of
appropriate review mechanism to which individuals and entities may appeal decisions regarding
their listing. A review mechanism under the authority of the Security Council for consideration
of delisting proposals should be established. An independent panel to consider delisting
proposals with a judicial review of delisting decisions. All of these proposals should be taken
into account in comprehensively addressing the human rights issues raised by asset freezing.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents