A/67/396
by the “like-minded” group of States 107 for the introduction of a “sunset clause”
imposing a time limit on the duration of designations.
IV. Conclusions and recommendations
59. The Special Rapporteur acknowledges and welcomes the significant due
process improvements brought about by resolution 1989 (2011), but
nevertheless concludes that the Al-Qaida sanctions regime continues to fall
short of international minimum standards of due process, and accordingly
recommends that:
(a) The mandate of the Office of the Ombudsperson should be amended
to authorize it to receive and determine petitions from designated individuals
or entities (i) for their removal from the Consolidated List and (ii) for the
authorization of humanitarian exemptions; and to render a determination that
is accepted as final by the Al-Qaida Sanctions Committee and the Security
Council. In consequence:
(i) The Security Council should consider renaming the Office of the
Ombudsperson as the Office of the Independent Designations
Adjudicator;
(ii) The rules of procedure should make provision for States to disclose
information to the Office of the Independent Designations Adjudicator on
conditions of confidentiality, but should nonetheless ensure a full and fair
review in accordance with the principles outlined in paragraphs 38 to 44
above;
(iii) Subject to any necessary redactions on security grounds, the Office
of the Independent Designations Adjudicator should be mandated to
deliver a reasoned public determination;
(b) Irrespective of whether the recommendation in paragraph 59 (a) is
adopted by the Security Council:
(i) The mandate of the Office of the Independent Designations
Adjudicator/Ombudsperson should be renewed for a term of no less than
three years;
(ii) The Office of the Independent Designations Adjudicator/
Ombudsperson should be required to recommend delisting, unless
satisfied on the information available that (a) it is more likely than not
that the designated individual or entity is associated with Al-Qaida; and
(b) the imposition of sanctions constitutes a proportionate interference
with the rights of the designated person or entity;
__________________
107
22
The informal group of like-minded countries on targeted sanctions includes: Austria, Belgium,
Costa Rica, Denmark, Finland, Germany, Liechtenstein, the Netherlands, Norway, Sweden and
Switzerland; see Les fondements de notre ordre juridique court-circuites par l’ONU, 1 March
2010, motion passed by the Foreign Policy Commission of the Federal Parliament of
Switzerland.
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