ENGLISH
Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
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(iii) Appeal and De-Listing: States shall permit the listed individual or entity the right to apply
for non-implementation or de-listing of the sanctions and a right to an independent, impartial adjudicative body to review the decision resulting from such application, with due
process rights applying to such a review, including being able to provide a meaningful
defense and ensuring that rules concerning the burden of proof are commensurate with
the severity of the sanctions. If relevant, the listing State shall also promptly and fully inform the State to which the individual or entity belongs if de-listing occurs.
(iv) Reparations: States shall provide reparation for any violation of an individual’s rights associated with listing laws and procedures.
Explanatory Note for all of Principle 6(G), Listing: See, ECtHR, Nada v. Switzerland, 12
September 2012, Application No. 10593/08, para. 207; Council of Europe, Resolution 1597
(2008): United Nations Security Council and European Union Blacklists, paras. 4-5; U.N.
Security Council, Resolution 1989 (2011) S/RES/1989 (2011); and Report of the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism (Ten areas of best practices in countering terrorism), Martin
Scheinin, A/HRC/16/51, December 2010, para. 35.