Grand Chamber to examine measures taken under UN Security Council Resolutions against Al-Qaeda

21 Oct 2010

The case of Nada v Switzerland is set to be heard in the Grand Chamber of the European Court of Human Rights.  The case involves a challenge to the implementation of UN sanctions on persons supposedly connected in someway to Al-Qaeda. The challenge is being made because of the passage of nearly seven years without providing either any specific allegations or any form of hearing in which they could be challenged, with the result that the applicant, Youssef Moustafa Nada, an Italian national was confined to a territory of 1.7 sq km and suffered serious interferences with his private and family life, as well as significant damage to his reputation.

Nada was placed on the list of the United Nations Committee along with a number of organisations associated with him. On 30 November 2001 those names were added by the Swiss authorities to the list of people concerned by the anti-Taliban order.

The order provided for the freezing of assets and financial resources of those concerned, and prohibited the provision to them of funds or financial resources. It further restricted their entry into or transit through Switzerland.  Mr Nada requested the deletion from the list of his name and those of the organisations associated with him as the Swiss investigation against him had been discontinued.  His request and subsequent administrative appeals were rejected.  Mr Nada was de-listed without any explanation or hearing in September 2009

Jeremy McBride is representing the applicant Youssef Moustafa Nada.

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