AN EVALUATION ON THE LAW DAMAGE ON THE PREVENTION OF TERRORIST FINANCE
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Tarih
2013
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Istanbul Univ, Fac Law
Erişim Hakkı
info:eu-repo/semantics/closedAccess
Özet
The suppression of terror financing is one of the most important measures in terms of struggle against terorism and violance endangering peace. The precautions that are taken against teror financing has been increasing in terms of variety, scope and field of application by the help of institutions like GAFI, UN and EU. According to these improvements, International Convention for the Suppression of the Financing of Terrorism has been adopted by the General Assembly of the United Nations in resolution 54/109 of 9 December 1999. Turkey has signed this convention in 27.09.2001 and ratified in 10.01.2002, as many countries did especiaaly after 11 September attacks. In order to fullfill the requirement of this convention The Draft Statute on the Suppression of Terror Financing has been prepared and presented to the Turkish Assembly. This draft statute regulates the conditions and procedures on implementation of requirements for International Convention for the Suppression of the Financing of Terrorism and also UN Sanctions Commitee decisions, which have been a major instrument used by the UN Security Council for the struggle against Terrorism and also the draft statute system foresees an administrative procedure for the freezing of funds belonging to certain persons and entities that has been on the list of the UN. For Turkey, these decisions have been implemented by Cabinet decisions and this administrative procedure results in the danger of human rights being ignored. Especially this problem becomes particularly serious in the case of decisions imposing targeted sanctions on individuals. These sanctions and also the process by which the decisions on sanctions are reached should be respectful to fundamental rights. Furthermore, individuals have generally limited recourse against the decisions of the Security Council. Given the general lack of judicial review of Security Council actions at the UN level, the targets of these sanctions must generally engage the judicial protection of national authorities. Therefore the Administative court decisions should be evaluated according to the decisions of European Court Of Justice cases-Kadi, Yusuf and Ayadi-that dealt with the implementation of UN Security Council resolutions in the European Union and also human rights protection. This statute constitutes an opportunity to regulate the conditions and procedures of international sanctions implementation in the Turkish law, and the sanctions should be made valid after a judicial review, also the systemizing should be done in a manner that the human rights protection should always be provided.
Açıklama
Anahtar Kelimeler
Kaynak
Journal of Istanbul University Law Faculty-Hukuk Fakultesi Mecmuasi
WoS Q Değeri
Scopus Q Değeri
Cilt
71
Sayı
1
