Identifier
Created
Classification
Origin
06ANKARA4266
2006-07-24 09:05:00
CONFIDENTIAL
Embassy Ankara
Cable title:
COUNCIL OF STATE CANCELS FREEZING OF AL KADI ASSETS
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHAK #4266 2050905 ZNY CCCCC ZZH O 240905Z JUL 06 FM AMEMBASSY ANKARA TO RUEHC/SECSTATE WASHDC IMMEDIATE 7441 INFO RUEAWJA/DEPT OF JUSTICE WASHDC IMMEDIATE RUEATRS/DEPT OF TREASURY WASHDC IMMEDIATE RUEHIT/AMCONSUL ISTANBUL 0982
C O N F I D E N T I A L ANKARA 004266
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/24/2016
TAGS: KTFN PTER PREL TU
SUBJECT: COUNCIL OF STATE CANCELS FREEZING OF AL KADI ASSETS
REF: (A) ANKARA 4095 (B) YORKS/STANA FAX DATED JULY 18
Classified By: Ambassador Ross Wilson for reasons 1.4(b) and (d).
C O N F I D E N T I A L ANKARA 004266
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/24/2016
TAGS: KTFN PTER PREL TU
SUBJECT: COUNCIL OF STATE CANCELS FREEZING OF AL KADI ASSETS
REF: (A) ANKARA 4095 (B) YORKS/STANA FAX DATED JULY 18
Classified By: Ambassador Ross Wilson for reasons 1.4(b) and (d).
1.(SBU) On July 20, the Turkish Council of State, the
judicial review body that has jurisdiction over the actions
of state institutions and administrative issues, reversed
a December 2001 Council of Ministers ruling that froze the
assets of Saudi businessman Yassin Al Kadi, designated as a
terrorist financier under UNSCR 1267. The decision comes
on the heels of several statements in which Prime Minister
Erdogan defended Al Kadi, calling him a "philanthropist who
loves Turkey" and denying his al Qaeda connection
(reftel). The Government has 30 days to object to the
decision.
2. (C) Metin Kilic, Department Head in MFA's Security Affairs
Directorate, told us that the Council of State's decision
shocked his department and noted that the decision was
based on a judgment that a court decision is needed to freeze
assets, not just a Council of Ministers, decree.
Kilic said that the MFA's Legal Department planned
to object to the ruling, saying that Turkey is
obligated to implement the 1267 decision because of the
threat of terrorism. Kilic thought it was unlikely that the
Prime Ministry would object to the Council of State decision.
A Justice Ministry official declined to comment to us about
the ruling, except to note that freezing assets based on a
Council of Ministers, decree was exceptional.
3. (SBU) Before the ruling, in a July 19 interview with
Turkish television network NTV, the Ambassador reiterated that,
under UNSCR 1267, countries have obligations to take actions
against designated terrorist groups and financiers. He also
raised this point with MFA Deputy Undersecretary Ertugrul Apakan,
and left the text of Ref B describing Al Kadi,s terrorist links
as a non-paper.
4.(C) Comment: The timing of the Council of State ruling is
suspicious, given the on-going high-profile political controversy
here over Al-Kadi. The ruling sets up a situation in which Prime
Minister Erdogan will have to decide whether the GOT should appeal
the Council of State ruling in order to remain compliant with the
UN 1267 resolution, or follow through on his pro-Al Kadi statements
and leave the ruling unchallenged. He is likely to come under pressure
from the state bureaucracy, in particular the Foreign Ministry, to
remain in compliance with the UN resolution.
Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/
WILSON
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/24/2016
TAGS: KTFN PTER PREL TU
SUBJECT: COUNCIL OF STATE CANCELS FREEZING OF AL KADI ASSETS
REF: (A) ANKARA 4095 (B) YORKS/STANA FAX DATED JULY 18
Classified By: Ambassador Ross Wilson for reasons 1.4(b) and (d).
1.(SBU) On July 20, the Turkish Council of State, the
judicial review body that has jurisdiction over the actions
of state institutions and administrative issues, reversed
a December 2001 Council of Ministers ruling that froze the
assets of Saudi businessman Yassin Al Kadi, designated as a
terrorist financier under UNSCR 1267. The decision comes
on the heels of several statements in which Prime Minister
Erdogan defended Al Kadi, calling him a "philanthropist who
loves Turkey" and denying his al Qaeda connection
(reftel). The Government has 30 days to object to the
decision.
2. (C) Metin Kilic, Department Head in MFA's Security Affairs
Directorate, told us that the Council of State's decision
shocked his department and noted that the decision was
based on a judgment that a court decision is needed to freeze
assets, not just a Council of Ministers, decree.
Kilic said that the MFA's Legal Department planned
to object to the ruling, saying that Turkey is
obligated to implement the 1267 decision because of the
threat of terrorism. Kilic thought it was unlikely that the
Prime Ministry would object to the Council of State decision.
A Justice Ministry official declined to comment to us about
the ruling, except to note that freezing assets based on a
Council of Ministers, decree was exceptional.
3. (SBU) Before the ruling, in a July 19 interview with
Turkish television network NTV, the Ambassador reiterated that,
under UNSCR 1267, countries have obligations to take actions
against designated terrorist groups and financiers. He also
raised this point with MFA Deputy Undersecretary Ertugrul Apakan,
and left the text of Ref B describing Al Kadi,s terrorist links
as a non-paper.
4.(C) Comment: The timing of the Council of State ruling is
suspicious, given the on-going high-profile political controversy
here over Al-Kadi. The ruling sets up a situation in which Prime
Minister Erdogan will have to decide whether the GOT should appeal
the Council of State ruling in order to remain compliant with the
UN 1267 resolution, or follow through on his pro-Al Kadi statements
and leave the ruling unchallenged. He is likely to come under pressure
from the state bureaucracy, in particular the Foreign Ministry, to
remain in compliance with the UN resolution.
Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/
WILSON