Guardian Unlimited
Friday November 30, 2007
Iran’s main opposition movement should be removed from the British government’s list of banned terrorist organisations, a court ruled today.
The decision by the Proscribed Organisations Appeal Commission (Poac) is a major victory for the People’s Mujahideen of Iran, which has been engaged in a long-running legal battle to be taken off the list, which includes groups such as al-Qaida and the Kurdish PKK.
Poac ruled that the decision not to remove the organisation from the proscribed terrorist blacklist, drawn up under the 2000 Terrorist Act, was "perverse".
"We recognise that a finding of perversity is uncommon," Poac ruled. "We believe, however, that this commission is in the (perhaps unusual) position of having before it all of the material that is relevant to this decision."
The home secretary was asked to lay a draft order before parliament to remove the group, which is considered a terrorist organisation in the US and the European Union, from the list.
Lawyers for the home secretary said they would apply for permission to appeal.
The home office minister Tony McNulty said: "I am disappointed at this judgment. We don’t accept it and we intend to appeal.
"The government adopted a cautious approach in relation to the de-proscription of the People’s Mujahideen organisation of Iran.
"I remain convinced that where terrorism is concerned, the rights of the law-abiding majority and the overriding need to protect the public, both in the UK and abroad, must lead us to take such a cautious approach. I firmly believe that we should be entitled to take this view."
The minister said the government would review the process by which groups were added to the proscribed list.
"We will look at these processes again in the light of this judgment to ensure that we continue to treat all proscribed organisations fairly, proportionately and in accordance with the law," he said.
The appeal against the People’s Mujahideen’s inclusion on the blacklist was brought by 35 cross-party senior MPs and peers, including the former home secretary Lord Waddington and former law lord Lord Slynn of Hadley.