IRAN: UPDATE ON UK'S APPEAL OF MEK DE-LISTING

C O N F I D E N T I A L LONDON 000331

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/01/2018
TAGS: PREL PTER IR UK
SUBJECT: IRAN: UPDATE ON UK'S APPEAL OF MEK DE-LISTING
ORDER: NEXT COURT ACTIONS SET FOR MID-FEBRUARY

REF: 07 LONDON 4465

Classified By: Political Minister Counselor Maura Connelly for reasons
1.4 (b) and (d)


1. (C) Summary. The FCO told London Iran Watcher (Poloff)
the UK's Court of Appeals will decide in mid-February whether
to hear HMG's appeal of a 2007 order to de-list the
Mujaheddin-e-Khalk (MEK) and, if it hears the case, will also
decide the merits of the appeal. Even if HMG loses this
stage of its appeal, a further appeal to the House of Lords
is possible, as is a referral back to Parliament for a
legislators' vote on whether to de-list the MEK under UK law
and unfreeze its assets in the UK. HMG will in any case not
de-list the organization or unfreeze its assets until all
avenues of action and appeal have been exhausted. End
summary.


2. (C) The FCO told Poloff the UK's Court of Appeals has
allotted the dates February 18-20 to decide whether to hear
HMG's appeal of a 2007 administrative order to unfreeze the
MEK's UK assets. The FCO described HMG's appeal as having
becoming increasingly complicated, and as therefore unlikely
to result any time soon in the MEK's de-listing under UK law
or in the unfreezing of its UK assets, despite the imminence
of the Court of Appeals action.


3. (C) If the Court of Appeals grants "leave to appeal," it
would immediately hear oral arguments and consider HMG and
respondent (MEK)'s reportedly lengthy briefs during the three
days allotted, with a final decision on the merits to follow
shortly thereafter, according to FCO Iran Coordination Group
officer Helen Teasdale. The parties' briefs are not as yet
matters of public record, and HMG is uncertain when the
briefs may be shareable with interested observers.


4. (C) Teasdale said that, in the event of a ruling in favor
of the MEK either on procedural or substantive grounds, the
length and legal complexity of the MEK's initial petition may
well provide grounds for further appeal by HMG to the House
of Lords. Additionally, as the MEK's original (2001,
according to Teasdale) listing had been the subject of
legislative votes by the Commons and the Lords, any reversal
of that decision might also require a second vote by both
Houses of Parliament, a sequence of events, according to
Teasdale, likely to be lengthy and controversial.


5. (C) Until all possible appeals are exhausted, and as HMG
previously advised Embassy (ref),the UK will continue to
list the MEK as a terrorist organization under UK law, and
keep its UK accounts frozen, despite the November 2007 order
issued by the UK's Prohibited Organizations Commission (POAC).

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