By: Richard Norton-Taylor and Julian Borger
Source: The Guardian, May 8, 2008
A long-standing and prominent Iranian opposition group must be struck off the government's list of proscribed terrorist organisations, the appeal court ruled yesterday.
In a move attacked by the home secretary, Jacqui Smith, and by senior Iranian officials, the court dismissed ministers' claims that the People's Mujahedin Organisation of Iran (PMOI[MEK]) was "concerned in terrorism".
Three judges led by Lord Phillips, the lord chief justice, refused Smith leave to contest a decision by the Proscribed Organisations Appeal Commission last year that to proscribe the group was "perverse". Smith "could not reasonably have formed the view" then that the PMOI "intended in future to revert to terrorism", they said.
The home secretary cannot appeal to the law lords and she will have to lay an order before parliament to lift the ban.
The PMOI, part of the National Council of Resistance of Iran and its military arm, the Mujahideen e Khalq [MEK], was proscribed in 2001. Ever since, it has lobbied to get the ban lifted.
Last year, the appeal commission concluded that action by the PMOI against Iranian military and security targets had ended in 2001, that the organisation had no military structure, and that it disarmed in 2003 and had not attempted to re-arm.
The PMOI is on the EU's list of terrorist organisations, with its assets subject to an EU-wide freeze, and it is on the US state department's list of foreign terrorist organisations.
Home Office lawyers argued that although there had been a "temporary cessation of terrorist acts", there was reason to fear that terrorist activity had been suspended "for pragmatic reasons" and might be resumed in the future.
Phillips, with Lord Justice Laws and Lady Justice Arden, said yesterday: "An organisation that has temporarily ceased from terrorist activities for tactical reasons is to be contrasted with an organisation that has decided to attempt to achieve its aims by other than violent means."
They added: "The latter cannot be said to be 'concerned in terrorism', even if the possibility exists that it might decide to revert to terrorism in the future."
Maryam Rajavi, president-elect of the Iranian Resistance movement, said the terror label had inflicted enormous damage on the Iranian people. "The United Kingdom and western governments owe the people of Iran an apology over this shameful designation," she said.
Smith said she was disappointed by the appeal court's decision. "The PMOI [MEK] has a long history of terrorism and this is why it was proscribed both in the UK and by other countries around the world … We will ensure the safety of the public is not in any way jeopardised by this," she said.
The PMOI's solicitor, Stephen Grosz, of Bindmans, said he would press the home secretary to lift the ban as a matter of urgency. He added: "We will also seek to lift the EU ban, which was based on the British listing."