European Court of Human Rights Ruling
On September 12, 2012, the European Court of Human Rights decided that Switzerland had violated various Articles of the European Convention on Human Rights and Fundamental Freedoms, aka "The Convention". The court ruled that Switzerland violated Nada's human rights by restricting his cross-border movements after the United States put Nada on a blacklist on suspicions of financing terrorism.
The United States had accused Nada of helping finance the 9/11 terrorist attacks, placing him on the United Nations Security Council Resolution 1267 terror blacklist, a sanctions list for persons associated with Al Quaeda and the Taliban. The United States refused to provide evidence to support the accusation, claiming the information was classified. Still, the terror-blacklisting left Nada in a position of being treated as a criminal, without trial, nor with any means of appeal.
The Strasbourg court ruled that "Switzerland should have taken all possible measures, within the latitude available to it, to adapt the sanctions regime to the applicant's individual situation". Switzerland was ordered to pay Nada €30,000 to cover his costs and expenses.
The decision was seminal, as it made clear that the Convention was required to be upheld, in relation to persons subject to UN terror-blacklisting, under UN SC 1267.
UN terror blacklistings have come under sharp criticism, notably by the Parliamentary Assembly of the Council of Europe.
Read more about this topic: Youssef Nada
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