IRAN: DESPITE UK COURT RULING, HMG WILL KEEP ITS

C O N F I D E N T I A L LONDON 001292

SIPDIS

E.O. 12958: DECL: 05/08/2018
TAGS: PREL ETTC PTER IR IZ UK
SUBJECT: IRAN: DESPITE UK COURT RULING, HMG WILL KEEP ITS
DISTANCE FROM MEK

REF: LONDON 821 AND PREVIOUS

Classified By: Political Counselor Richard Mills for reasons 1.4 (b) an
d (d)



1. (C) Summary. The UK Court of Appeals ruled May 7
unambiguously in favor of the Iran oppositionist group
Mujahadeen e Khalq (MEK, aka MKO aka NCRI) on its
long-standing petition to be de-listed as a terrorist group
under UK domestic law (ref). The UK Government, which had
fought the MEK's petition from the trial level up, told
Embassy it has no further legal or political recourse and
must comply with the ruling; the MEK will be de-listed and
its assets unfrozen sometime within the next six weeks.
Official British focus has shifted to making clear that,
despite the ruling, HMG will have no contact or dealings with
the MEK, and to reassuring the Iranian government that the
HMG continues to view the MEK as a non-credible group. End
summary.

Court Ruling Ends Further HMG Appeals
--------------


2. (C) The UK Court of Appeals found that the MEK has, since
its listing in 2000, changed itself from a terrorist
organization to a peaceful political party and ordered HMG to
remove the MEK from its lists of terrorist organizations and
to unfreeze its assets, a move HMG, with strong USG support,
had long resisted. The Court of Appeals, the UK's second
highest court, in its ruling refused to give Home Office
lawyers "leave to appeal" to the House of Lords, thus cutting
off any further appeals, according to FCO contacts.

Miliband Maintains HMG Position
--------------


3. (C) In a public statement on May 7, which referenced the
MEK's past "vile acts of terrorism," Foreign Secretary
Miliband indicated HMG would comply with the court's order
but would have no contact with the MEK, which Miliband said
HMG still views as a non-credible opposition group. FCO Iran
Coordination Group Bilateral Team leader Margaret Tongue told
Poloff on May 8 HMG is out of legal and political options and
will not fight the MEK's de-listing any further. During the
approximately six weeks it will take the implementing bill to
de-list the group to move through both houses of Parliament,
the MEK will remain a listed terrorist organization, but not
thereafter.


4. (C) Tongue was uncertain what effect the ruling would
have on the EU's listing of the MEK. She pointed out,
however, that a 2006 EU court ruling overturning the EU
freeze of MEK assets had been based on a legal flaw in the EU
freezing regulation, later corrected by EU authorities, who
were thereby able to maintain the EU freeze. The May 7 UK
ruling, however, found the cumulative evidence on the MEK's
change of heart since 2000 conclusive, making the unfreezing
of MEK's UK assets an unconditional requirement,
notwithstanding any regulatory or legislative correction HMG
might otherwise attempt.

HMG's Message to Tehran
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5. (C) Tongue said both FCO and UK Embassy Tehran are
working to buffer the ruling,s impact with the Islamic
Republic of Iran (IRI) regime. She said there had been some
criticism of "UK double standards on terrorism" in the
Iranian press, but noted at least one pro-regime newspaper in
Tehran ("Keyhan," English language) which highlighted
Miliband,s statement that the HMG will have no contact with
the MEK.

Comment
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6. (C) HMG understands that the militantly anti-IRI MEK is
widely despised by Iranians for having sided with Saddam
Hussein in the 1980-1988 Iran-Iraq War. The FCO will work to
avoid any ambiguity in HMG's relationship with the MEK that
regime propagandists could exploit to try and ratchet up
tension over the MEK's newly legal status, as well as boost
public support in Iran for the regime.
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