Archive for February 7th, 2011

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Blacklists and Ukraine

February 7, 2011

Well dear readers, elsewhere over in cyberspace there is a debate of sorts underway regarding ex-Mayor of Moscow Yuri Luzhkov, his wife Yelena and whether they should be given a Visa for the UK having, unsurprisingly, accused of theft in Russia.

Now I am not going to dwell in Mr Luzhkov and family, despite he owns half of Kensington and has family living permanently in London,  but thought it maybe worth a quick look at “blacklists” and persons/organsiations non Grata on a wider scale.

Ukraine undoubtedly has such a list just as any other nation does, but I have no idea about anybody on the Ukrainian list whilst I do have some idea for the UK, EU and even UN lists.

Ukraine is actually a very keen and active member of the UN, is always one of the first to pay its annual membership fee (even during the financial crisis) and was a founding member of the UN.

So, the UN has, born from the UN Security Council Resolution 1267, a blacklist of 397 individuals and 92 organisations currently subjected to its blacklist sanctions.

Individual nations were encouraged to also make their own blacklists under UN Security Council Resolution 1373.

The EU blacklist consists of 57 individuals and 47 organisations.  Whether that is additional to the UN list or whether the EU recognises only part of the UN list, despite all EU nations being UN members, who knows such is the transparency of the organisations involved.

It would be a reasonable guess that Ukraine’s list will involve UN and EU persons/organisations non Grata and well as some specifically local/regional players.

Now those blacklisted in Ukraine will have very little hope of being removed from the list, short of shuffling off their mortal coil, due to the fact that even if there was some form of judicial review prior to/post listing in Ukraine, the courts are generally seen as “influenced” by political interests.

Really though, it matters not, as it is not any better with the UN or EU.

Listing decisions are usually based on secret intelligence material that neither blacklisted individuals nor the judiciary responsible for reviewing the implementation of the lists will ever see.  Suffice to say, affected parties cannot contest the allegations against them and exercise their right to judicial review as they are prevented from knowing what the allegations actually are…….whether is be UN, EU or Ukraine imposing them.

Of course, there have been legal challenges to blacklisting in domestic and regional courts but most successful challenges have resulted in nothing more symbolic victories for the blacklisted parties as the executive bodies of the UN and EU continue to ignore the rule of law and substance of the judgments, thus continuing to keep the successful litigants on their blacklists.

You are hardly likely to be successfully removed from a Ukrainian list given the precedents set by the UN and EU before even considering the Ukrainian court issues.

Now which organisations and nations are now starting to lecture Ukraine on selective persecutions/prosecutions and rule of law?

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