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United Nations • Nations Unies HEADQUARTERS • SIEGE NEW YORK J .. ........... "". - -- -... - [J I I 1/-jl) '87-T- United Nations • Nations Unies HEADQUARTERS • SIEGE NEW YORK. NY 10017 TEL. : I (212) 457. 12 65 • FAX: I ( 212) 457. 4041 COUNTER-TERRORISM COMMITTEE EXECUTIVE DIRECTORATE 11 November 2011 Dear Mr Nambiar, Please find attached a document passed to me by the Secretary-General on 9 November regarding a petition related to an individual who is on the resolution 1267 list. As discussed yesterday, I suggest that this matter be referred to the resolution 1267 Ombudsperson, Ms Kimberley Prost. With best regards Mike Smith Executive Director Counter-Terrorism Committee Executive Directorate UNITED NATIONS • NATIONS UNIES Kimberly Prost Ombudsperson AI Qaidaffaliban Security Council Committee United Nations Headquarters Tel : (212) 963 2671 Office of the Ombudsperson Fax: (212) 963 1300/3778 TB-08041D email: [email protected] New York, NY 10017 USA or [email protected] Web address: http://www.un.org/en/sc/ombudsperson/ SUMMARY AND CASE HISTORY IN THE MATTER OF: YASSIN ABDULLAH KADI AND UNITED STATES OF AMERICA EXTANT 19 SEPTEMBER 2011 Case History Summary File 1- Updated Excerpts by Masood after 22 Jun 2007 below. 2 - From the Katz Rebuttal # 1 report, Page 11 to 34, CHRONOLOGY A brief history of the allegations against Mr Kadi is provided as follows: Date Description 11 Terrorists attacked the World Trade Centre (Twin Towers) in September New York and other prominent US targets. 2001 15 The Office of the Attorney General of Switzerland ("OAGS") September opened a criminal investigation against ''persons unknown" 2001 (inconnus) arising out of the September the 11th attacks because a number of Swiss nationals were victims of the attacks. 12 October US Treasury and UK Treasury issued simultaneous press 2001 releases, in substantially identical terms, instructing financial institutions to freeze the assets of Mr Kadi held in the USA and the UK (together with in each case the assets of an identical list of other named persons and organisations). The effect of these measures was to freeze all Mr Kadi's assets and prevent him from doing any form of business in the US and the UK. To make matters worse, both Press Releases also branded him in no uncertain terms as a terrorist or a supporter of terrorism. Neither US Treasury nor UK Treasury has ever provided any sufficient or adequate information as to the basis of listing to enable Mr Kadi to investigate the allegations against him and respond. 15 October Mr Kadi's UK lawyers wrote to Sir Andrew Turnbull, Permanent 2001 Secretary to UK Treasury, to: • complain about the seriously defamatory content of the UK Press Release; • ask that Mr Kadi's name be removed from the list; • request that UK Treasury provide to them the information and evidence upon which Mr Kadi was Case History Summary File 1- Updated Excerpts by Masood after 22 Jun 2007 below. 2 - From the Katz Rebuttal# 1 report, Page 11 to 34, nr,:a,n~rorl hu fl.llr ~ .... ~~. .. _ ~ : - '"'--'--- - . included in the list; and • seek assurances that UK Treasury had seen and examined any available evidence against Mr Kadi and that it did not simply act on the "say so" of the US Authorities. 19 October UK Treasury replied , in the Treasury's Solicitor's letter dated 19 2001 October 2001 , that their decision was "on the basis of intelligence information provided to [UK Treasury] by the US Treasu,Y' which UK Treasury declined to provide on the grounds that such information had been provided in confidence. Mr Kadi was, therefore, accused of the gravest of offences in relation to international terrorism and yet those making the allegations were not prepared to tell him anything about the nature of the allegations against him, a striking example of the lack of due process, which has pervaded the allegations against Kadi since the outset (Flaw 9) . UK Treasury also stated in their letter dated 19 October 2001 that if Mr Kadi successfully persuaded the US Treasury to terminate the freezing measures against him in the USA, then in that event UK Treasury was "very likely" to terminate the measures it had taken in relation to Mr Kadi , thus indicating the UK had effectively abrogated responsibility over the matter to the US authorities. 19 October On the same day, and at the request of the US, the UN Security 2001 Council Committee ("UNSCC") Concerning Afghanistan issued a further addendum , once again by way of Press Release, of entities and persons identified by the Committee pursuant to paragraph 8( c) of Resolution 1333 (2000). This provision of Resolution 1333 (2000) mandates all States to take further measures to freeze without delay funds and other financial assets of UBL and individuals and entities alleged to be associated with him as designated by the Committee. The UN Case History Summary File 1- Updated Excerpts by Masood after 22 Jun 2007 below .. 2 - From the Katz Rebuttal# 1 report, Page 11 to 34, issued a list of names in its Press Release, which included Mr Kadi. 25 October The criminal investigation in Switzerland, originally launched 2001 against "inconnus" (unknown persons) by the Office of the Attorney General of Switzerland, was extended to Mr Kadi, based on his listing by OFAC and Mr Kadi's inclusion in what the Swiss authorities referred to as "Bush list 2". 8 November Mr Kadi commenced proceedings in the High Court in London 2001 for a "Judicial Review" of UK Treasury's decision to freeze his assets. Judicial Review is a legal procedure in England and Wales, whereby an Applicant can challenge the decision of a public body before the High Court (Case reference C0/4532/01 ). 12 In the High Court in London the Honourable Mr Justice Scott­ November Baker (as he then was) heard Mr Kadi's application for 2001 permission for Judicial Review. The Judge without hesitation granted Mr Kadi permission to proceed with his action for Judicial Review. In the course of doing so the Judge said (of UK Treasury's Order freezing Mr Kadi's assets): - "... the validity of this draconian order is being challenged and, on the face of it, with some reason at the moment ... in my view, this case is very important because it is crucial that when there are question marks about orders of this kind and draconian nature, they are properly tested in the Courts". Mr Justice Scott-Baker ordered UK Treasury to provide Mr Kadi's legal advisers with its evidence on an expedited basis. 16 UK Treasury provided evidence in the form of a statement by November Joseph Halligan, Assistant Secretary at UK Treasury. In his 2001 statement (paragraph 7) Mr Halligan stated that on the morning Case History Summary File 1- Updated Excerpts by Masood after 22 Jun 2007 below. 2 - From the Katz Rebuttal# 1 report, Page 11 to 34, of 12 October 2001 there was passed to him a fax from the US Treasury Department dated 11 October 2001 ("the Two-Page Fax"), which included details about Mr Kadi. After Mr Kadi refuted the contents of the Two-Page Fax, OFAC was later to deny that the Two-Page Fax came from it. A copy of the Two­ Page Fax is at Annexe 1. Subsequently OFAC was forced reluctantly to accept the Two­ Page Fax was sent from the fax number of the Office of Intelligence Support within US Treasury and thus that the Two­ Page Fax emanated from OFAC. OFAC has expressly acknowledged that the Two-Page Fax contains fundamental false statements and allegations concerning Mr Kadi , including that he has a brother, Omar ai-Qadi, who is allegedly the Director of Mercy International - USA. As stated above, Mr Kadi has sisters but no brothers. 29 A letter ("the Aufhauser letter") was sent from the US Treasury November authorities to the Swiss authorities containing allegations, which 2001 formed the alleged basis of Mr Kadi's designation. For some weeks following the designation of Mr Kadi , the Swiss authorities had been pressing the US to provide details of the alleged basis relied on by US Treasury for Mr Kadi's listing. The letter was sent, eventually, via fax from Mr David Aufhauser, and then the General Counsel at the US Treasury Department, to Mr Nicati dated 29 November 2001 . This letter, a copy of which is at Annexe 2 relies in large part on the false allegations in the Robert Wright Affidavit, concerning assistance Mr Kadi provided to the Quranic Literacy Institute ("QLI") which Mr Kadi has comprehensively refuted in his submissions to OFAC. The Robert Wright Affidavit, and in turn the Aufhauser letter which relies on it, have in effect been superseded by the acquittal of Muhammad Salah in February 2007 by a federal jury in Chicago of charges that he was part of a long-running Case History Summary File 1- Updated Excerpts by Masood after 22 Jun 2007 below .. 2 - From the Katz Rebuttal# 1 report, Page 11 to 34, nn:~n~rP.rl h\/ r\nr ~' " ' rt.JI ~ r+ i " ,...,.,,..,..~ o. · -• ~ ' -- _.- - conspiracy to finance Hamas activities in Israel. The remainder of the Aufhauser letter contained other false allegations against Mr Kadi , which are refuted in the detailed section of this Rebuttal, including that Mr Kadi may have been linked to two transactions involving accounts at Faisal Finance, including two substantial wire transfers to an account held by Mousa Abu Marzook, described as a "Hamas Operative". In fact, neither of these transfers had anything to do with Mr Kadi. 17 Mr Kadi comprehensively refuted the contents of the Two-Page December Fax in his First Witness Statement. In refuting the Two-Page Fax 2001 Mr Kadi stated that he had no brother as alleged by OFAC (whether named Omar ai-Qadi or otherwise) and that he had only sisters.
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