Cablegate: Terrorism Finance: Court Rejects Government

VZCZCXRO0415
RR RUEHDA
DE RUEHAK #5952 2891443
ZNR UUUUU ZZH
R 161443Z OCT 06
FM AMEMBASSY ANKARA
TO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/SECSTATE WASHDC 9413
RUEATRS/DEPT OF TREASURY WASHDC
INFO RUEHSW/AMEMBASSY BERN 0330
RUEHRH/AMEMBASSY RIYADH 0618
RUEHDA/AMCONSUL ADANA 1232
RUEHIT/AMCONSUL ISTANBUL 1469
RUEHBS/USEU BRUSSELS

UNCLAS ANKARA 005952

SIPDIS

SENSITIVE
SIPDIS

TREASURY FOR OTI RLOEFFLER AND JSERAFINI

E.O. 12958: N/A
TAGS: KTFN PTER EFIN ETTC TU
SUBJECT: TERRORISM FINANCE: COURT REJECTS GOVERNMENT
ATTEMPT TO WITHDRAW AL-QADI APPEAL

REF: A. ANKARA 5440

B. SECSTATE 147545

1. (SBU) On October 12, the Administrative Chamber of the
Danistay (Council of State) rejected the Government's
application to withdraw its appeal of the al-Qadi case. As
explained reftel, the Government (Prime Ministry and MFA) had
filed appeals of the Danistay's July 20 ruling that
invalidated the Council of Ministers' 2001 freeze of
al-Qadi's assets. However, Prime Minister Erdogan later
instructed his subordinates to withdraw the appeal (i.e. let
the July 20 pro-al-Qadi ruling stand). It is this
application that the Administrative Chamber has now rejected.

2. (SBU) A judge from the Administrative Chamber told us that
the Chamber's action will allow the appeal process to go
forward and that al-Qadi's assets remain frozen in the
meantime. During a thirty-day comment period, the Government
or al-Qadi have an opportunity to comment, and the
Administrative Chamber will then begin to consider the
appeal. MFA officials were unsure how long the appeals
process would take. The Administrative Chamber cited the
public interest in rejecting the withdrawal.

3. (SBU) Comment: MFA officials were relieved that the court
had allowed the appeal to go forward, thereby avoiding a
situation in which the Prime Minister's action would have put
Turkey out of compliance with UN Security Council Resolution
1267. The danger of such non-compliance remains, however,
albeit at a later date, should the appeals court uphold the
July 20 decision and unfreeze the assets.

4. (SBU) Action request: In a meeting prior to the
Administrative Chamber's latest decision, MFA Director
General for Legal Affairs Cinar Aldemir was very interested
in the possibility of additional information from U.S.
experts on the issues of designation and listing, as well as
de-listing under 1267 committee procedures. In particular, he
is interested in how to strike a balance between deterring
the financing of terrorism and human rights and due process
concerns. Given Aldemir and others' interest and the global
implications of a court reversal of a 1267 freeze in Turkey,
post requests a USG presentation on this topic, as offered in
ref b.

Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/

WILSON

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