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14Feb18

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Update of the Office of the Ombudsperson to the ISIL (Da'esh) and Al-Qaida Sanctions Committee covering the period from 08Aug17 to 07Feb18

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United Nations
Security Council

S/2018/120

Distr.: General
14 February 2018
Original: English

Letter dated 14 February 2018 from the Chair of the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and associated individuals and entities addressed to the President of the Security Council

I have the honour to transmit herewith a letter from the Legal Officer supporting the Office of the Ombudsperson transmitting a descriptive update of the activities carried out by the Office in lieu of the report requested in paragraph 20 (c) of annex II to Security Council resolution 2368 (2017), pursuant to which the Ombudsperson is to submit biannual reports to the Council summarizing her or his activities.

I should be grateful if the present letter and the descriptive update were brought to the attention of the members of the Security Council and issued as a document of the Council.

(Signed) Kairat Umarov
Chair
Security Council Committee pursuant to
resolutions 1267 (1999), 1989 (2011) and
2253 (2015) concerning Islamic State in Iraq
and the Levant (Da'esh), Al-Qaida
and associated individuals, groups, undertakings and entities

Letter dated 8 February 2018 from the Legal Officer supporting the Office of the Ombudsperson addressed to the Chair of the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and associated individuals and entities

I have the honour to transmit herewith a descriptive update of the activities carried out by the Office of the Ombudsperson in lieu of the report requested by the Security Council in paragraph 20 (c) of annex II to Council resolution 2368 (2017), pursuant to which the Ombudsperson is to submit biannual reports to the Council summarizing her or his activities.

The update describes the activities of the Office of the Ombudsperson in the six months since the issuance of the former Ombudsperson's last report (S/2017/685), and covers the period from 8 August 2017 to 7 February 2018.

I would appreciate it if the present letter and the update were transmitted to the Security Council and issued as a document of the Council.

(Signed) Natacha Wexels-Riser
Legal Officer
Office of the Ombudsperson

Update of the Office of the Ombudsperson pursuant to Security Council resolution 2368 (2017) in lieu of a biannual report

I. Background

1. The present update covers the activities undertaken by the Office of the Ombudsperson since the issuance of the fourteenth report of the Office (S/2017/685), on 7 August 2017.

Transition

2. As noted in that report, the Ombudsperson left her position on 7 August 2017. The position remained vacant throughout the reporting period, and no Ombudsperson had been appointed as at 7 February 2018.

3. The Ombudsperson left detailed instructions for the staff members supporting the Office of the Ombudsperson to ensure that the Office would remain operational during the transition period (see annex I). The interim instructions were shared with the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and associated individuals and entities. There was no objection to the Ombudsperson's instructions, and the Office is operating informally until a new Ombudsperson is appointed. This descriptive update covers the activities of the Office undertaken pursuant to those instructions, without discussing any substantive issues.

II. Activities related to delisting cases

General

4. The primary activities of the Office of the Ombudsperson during the reporting period related to delisting requests submitted by individuals and entities.

Delisting cases

5. During the reporting period, one new case was submitted to the Office of the Ombudsperson. In accordance with the instructions of the former Ombudsperson, the request was evaluated for its prima facie admissibility, and the Office informally started gathering information on the case. The Office was also contacted by counsel for a listed individual inquiring about the procedures of the Office. It is anticipated that that exchange will result in a delisting request in the next reporting period. The total number of delisting petitions submitted to the Office since its establishment was 80 as at 7 February. Unless the petitioner requests otherwise, all names remain confidential while under consideration and in the case of denial or withdrawal of a petition.

6. In total, the Ombudsperson has submitted 76 comprehensive reports |1| to the Committee since the Office was established. During the reporting period, no reports were submitted. However, the former Ombudsperson appeared before the Committee on one occasion to present two cases which she had submitted to the Committee in the previous reporting period.

7. Since the issuance of the fourteenth report, the name of one individual has been retained and the name of one individual has been removed from the sanctions list through the Ombudsperson process.

8. Cumulatively, since the Office was established, 77 cases involving requests made to the Ombudsperson from an individual, an entity or a combination of the two have been resolved through the Ombudsperson process or a separate decision of the Committee. In the 74 cases fully completed through the Ombudsperson process, 57 delisting requests have been granted and 17 have been refused. As a result of the 57 petitions that have been granted, 52 individuals and 28 entities have been delisted and one entity has been removed as an alias of a listed entity. In addition, three individuals were delisted by the Committee before the Ombudsperson process was completed, and one petition was withdrawn following the submission of the comprehensive report. A description of the status of all of the cases, as at 7 February 2018, is contained in annex II to the present report.

9. There are currently two cases pending with the Office of the Ombudsperson. The first is in the information-gathering phase. In the second case, which was received during the reporting period, the Office has informally started to gather information in accordance with the interim instructions of the former Ombudsperson. There are no cases pending before the Committee. The request submitted to the Office during the reporting period was presented by an individual. To date, in total, 72 of the 80 cases have been brought by individuals, 2 by an individual together with 1 or more entities and 6 by entities alone. In 40 of the 80 cases, the petitioner is or was assisted by legal counsel.

Gathering of information from States

10. In the new case, in which the Office of the Ombudsperson has informally started gathering information, five requests for information have been sent so far, to five States. With respect to the other pending case, the Office has received responses from four States and an international organization. Three of those were preliminary responses, and it is expected that information will be provided to the incoming Ombudsperson.

11. In one of the pending cases, which had already reached the end of the extended information-gathering phase, the Committee decided to extend the information-gathering phase by three months as a transitional measure while awaiting the appointment of a new Ombudsperson. The petitioner did not oppose the initial extensions. However, this case has now been in the information-gathering phase for over 10 months, and the petitioner opposes any further extensions.

Dialogue with the petitioner

12. During the period under review, none of the pending cases were in the dialogue phase.

Provision of comprehensive reports to interested States

13. In paragraph 13 of annex II to resolution 2368 (2017), the Security Council stipulates that, if requested, the Ombudsperson may provide a copy of the comprehensive report to an interested State (designating State or State of nationality, residence or incorporation) with the approval of the Committee and any redactions needed to protect confidential material. During the reporting period, the Committee approved one request for disclosure from a State, which was pending at the time of the previous report.

Access to classified or confidential information

14. In total, the Office of the Ombudsperson has entered into 19 agreements or arrangements for access to classified information. Of those, 2 agreements have been entered into with Austria and Romania, and 17 arrangements have been made with Australia, Belgium, Canada, Costa Rica, Denmark, Finland, France, Germany, Ireland, Liechtenstein, Luxembourg, the Netherlands, New Zealand, Portugal, Switzerland, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

15. Efforts have continued to expand the list of arrangements and agreements in this reporting period, and it is hoped that further progress will be made after the appointment of the new Ombudsperson. Some of the arrangements will have to be re-entered into by the incoming Ombudsperson as they are nominative. In addition, one State has confirmed that it is willing to enter into an information-sharing agreement, and a draft is currently being finalized by the authorities of that State following engagement by the former Ombudsperson with the permanent mission of the State to the United Nations.

III. Summary of activities related to the development of the Office of the Ombudsperson

General

16. Activities to further develop and strengthen the Office of the Ombudsperson continued during the reporting period to the extent possible in the absence of an Ombudsperson.

Outreach and publicizing of the Office

17. On 2 December 2017, the Legal Officer supporting the Office of the Ombudsperson participated in a workshop in Freiburg, Germany, organized by the Max Planck Institute for Foreign and International Criminal Law on the theme "Beyond national sovereignty: new approaches to international and transnational law enforcement". The Legal Officer made a presentation on the human dimension of sanctions, discussing the context of the Islamic State in Iraq and the Levant (Da'esh) and Al-Qaida sanctions regime and its impact on listed individuals, the Ombudsperson process and the importance of the person in the role of the Ombudsperson.

Interaction with the Committee

18. Since 7 August 2017, the former Ombudsperson has appeared before the Committee once. On 23 October, she presented her report in one case in which the petitioner was retained on the list and in the case of Zayn al-Abidin Muhammad Hussein (delisted; formerly QDi.010).

19. The staff supporting the Office of the Ombudsperson have continued to engage regularly with the Coordinator and members of the Monitoring Team. The Monitoring Team has continued to provide relevant information in accordance with paragraph 4 of annex II to resolution 2368 (2017).

Liaison with States, intergovernmental organizations, United Nations bodies and non-governmental organizations

20. The staff supporting the Office of the Ombudsperson continued to interact with States during the reporting period, in particular States of relevance to the pending delisting petitions. The Office has also been approached by a number of States and international organizations inquiring about the status of the appointment of the new Ombudsperson.

Working methods and research

21. As had been the case previously, casework during the reporting period involved open-source research in connection with the collection of information relevant to delisting requests.

Website

22. The Office of the Ombudsperson has continued to revise and update its website (www.un.org/sc/suborg/en/ombudsperson).

Preparation for the anticipated arrival of the future Ombudsperson

23. The activities of the Office of the Ombudsperson in the reporting period also revolved around preparing for the arrival of the future Ombudsperson. The purpose of this work was to help the Ombudsperson quickly assimilate the procedures of the Office and the principles expressed by the two previous Ombudspersons in their case-related reports and reports to the Security Council. It is hoped that this material will contribute to minimizing further delays in the treatment of pending cases, safeguard institutional knowledge and ensure continuity in the operations of the Office. It was particularly important to compile these resources because the current Legal Officer supporting the Office of the Ombudsperson plans to depart on prolonged leave before the anticipated arrival of the new Ombudsperson.

IV. Observations and conclusions

Fairness and transparency of the process

Access to petitioners

24. In her last report to the Security Council, the Ombudsperson described one case in which the petitioner did not have an opportunity to be heard, to know the case and respond to the information as a result of the Ombudsperson's not being granted access to him. The Ombudsperson concluded that the petitioner had not been accorded all the elements of fairness envisaged under resolution 2368 (2017). She indicated that she had raised her concerns in this respect with the Committee and proposed an exceptional measure to mitigate the fact that the petitioner had not had the opportunity to know the case against him. The Committee has since concluded its consideration of the case but rejected the exceptional measure proposed by the former Ombudsperson.

Reasons letters

25. In her last report, the Ombudsperson welcomed new language on reasons letters introduced by the Security Council in paragraph 16 of annex II to resolution 2368 (2017), noting that the change had the potential to increase the level of fairness of the review process. She noted in particular that the paragraph was helpful in that it recognized that the summary must accurately describe the principal reasons for the recommendation of the Ombudsperson, as reflected in his or her analysis. In cases of delisting, it further specifies that the summary must include the key points of the analysis of the Ombudsperson.

26. The Office of the Ombudsperson is pleased to report that three draft summaries of reasons proposed to the Committee during the reporting period pursuant to the new paragraph of annex II to the resolution, which had been prepared in consultation with the former Ombudsperson, were approved by the Committee unchanged. As a result, and as required by the resolution, the petitioners in those three cases received summaries accurately describing the principal reasons for the recommendation of the Ombudsperson, as reflected in her analysis. However, in a fourth case, the summary prepared in consultation with the former Ombudsperson was amended to omit a key point of the analysis of the Ombudsperson, and as a result the summary that was transmitted to the petitioner no longer accurately reflected the principal reasons for the recommendation of the Ombudsperson, as required by the resolution. The reasons put forward in support of the deletion of the key point did not include the necessity to address any security concerns or the inadvertent disclosure of confidential information, which is the only purpose for the Committee's review under resolution 2368 (2017).

Confidentiality

27. During the reporting period, counsel for the petitioner in a pending case drew the attention of the Office of the Ombudsperson to the fact that the media had obtained a copy of the delisting request presented on behalf of his client and had published passages thereof. The Office of the Ombudsperson shares delisting requests only with the Committee when initiating the information-gathering period and with relevant States when requesting information pertaining to a particular petition. The Office otherwise treats the content and existence of delisting requests as confidential. The Office has taken measures to avoid similar occurrences in the future, including a clear mention in the letter sent to relevant States that delisting requests are confidential and a new practice of watermarking petitions.

Conclusion

28. The Ombudsperson position has been vacant for six months. It is hoped that a new Ombudsperson will be appointed soon to avoid any further delays in the consideration of pending delisting requests.

Annex I
Letter from the Ombudsperson dated 7 August 2017

Tasks to be completed upon prior instruction of the outgoing Ombudsperson

- Reasons letters in delisting cases: Obtain translations for and forward Committee's reasons letters to petitioners, as needed

- Reasons letters in retention cases:

  • Prepare and obtain translations as needed for Ombudsperson's letter transmitting the reasons of the Committee (incorporating the Committee's reasons) in retention cases as needed
  • Send courtesy advance copy to the Committee (24 hours)
  • Send translated reasons letter to petitioners after the 24 hours' notice

- States' requests for comprehensive reports:

  • transmit request to the Committee if the State is entitled to a copy of the report under the resolution, otherwise respond to the State accordingly,
  • receive response from the Committee
  • after approval of the Committee, send watermarked and redacted (if necessary) version of the comprehensive report to the requesting State

- Cases 76 and 78:

  • Transmit translations of the comprehensive report to the Committee (triggering the 15- to 30-day period for oral presentation to the Committee)
  • If needed, prepare draft reasons in consultation with the outgoing Ombudsperson and liaise with Chair on content

- Oral presentation by the former Ombudsperson of cases No. 76 and 78 (once approved by the Committee, as noted above): Liaise with Secretariat/Chair with respect to Ms. Marchi-Uhel's oral presentation of the Comprehensive reports in cases no. 76 and 78 (date, logistics etc).

- [REDACTED]

- New requests (to the extent needed, depending on timing):

  • evaluate admissibility of incoming petitions, request additional information from petitioner if needed,
  • informally start the information-gathering by forwarding the request to the Committee and inviting relevant States to provide information. |2|
  • conduct independent research, including contacts with external bodies as needed,
  • Prepare questions for the petitioner and liaise with the incoming Ombudsperson once appointed as to whether he/she would prefer questions being sent in writing to the petitioner in the dialogue phase or to meet in person with the petitioner, in which case, plan trip and liaise with petitioner and State of residence accordingly.
  • Prepare draft factual portions of comprehensive reports, to the extent possible

- New listings: liaise with Secretariat to obtain addresses and send letter informing new listees of the possibility to seek delisting

- Update the website, request translations, send planning table to Secretariat, as needed

- Ombudsperson database: save all documents on the S drive and delete the database

- Hardcopy files: digitize any missing information from the S drive and shred paper files

- Inform the Committee/liaise with the Chair/Secretariat on any other issues as needed

- Inform petitioners and relevant States in pending cases of the appointment of the new Ombudsperson

- Inform States with whom the Ombudsperson has an agreement or arrangement for the sharing of confidential information of the departure of the Ombudsperson, and later of the appointment of the new Ombudsperson seeking renewal where needed (personal agreements)

Annex II
Status of cases

Case 1, one individual (status: denied)

Date Description
28 July 2010 Transmission of case 1 to the Committee
28 February 2011 Comprehensive report submitted to the Committee
10 May 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 June 2011 Committee decision
1 September 2011 Formal notification to petitioner with reasons

Case 2, Safet Ekrem Durguti (status: delisted)

Date Description
30 September 2010 Transmission of case 2 to the Committee
26 April 2011 Comprehensive report submitted to the Committee
31 May 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 June 2011 Committee decision to delist
12 August 2011 Formal notification to petitioner with reasons

Case 3, one entity (status: delisting request withdrawn by petitioner)

Date Description
3 November 2010 Transmission of case 3 to the Committee
14 June 2011 Comprehensive report submitted to the Committee
26 July 2011 Presentation of comprehensive report by the Ombudsperson to the Committee
2 August 2011 Withdrawal of petition

Case 4, Shafiq Ben Mohamed Ben Mohammed Al Ayadi (status: delisted)

Date Description
6 December 2010 Transmission of case 4 to the Committee
29 June 2011 Comprehensive report submitted to the Committee
26 July 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
17 October 2011 Committee decision to delist
8 November 2011 Formal notification to petitioner with reasons

Case 5, Tarek Ben Al-Bechir Ben Amara Al-Charaabi (status: delisted)

Date Description
30 December 2010 Transmission of case 5 to the Committee
26 April 2011 Comprehensive report submitted to the Committee
31 May 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 June 2011 Committee decision to delist
12 August 2011 Formal notification to petitioner with reasons

Case 6, Abdul Latif Saleh (status: delisted)

Date Description
14 January 2011 Transmission of case 6 to the Committee
17 June 2011 Comprehensive report submitted to the Committee
26 July 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
19 August 2011 Committee decision to delist
8 November 2011 Formal notification to petitioner with reasons

Case 7, Abu Sufian Al-Salamabi Muhammed Ahmed Abd Al-Razziq (status: delisted)

Date Description
28 January 2011 Transmission of case 7 to the Committee
29 August 2011 Comprehensive report submitted to the Committee
15 November 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
30 November 2011 Committee decision to delist
13 February 2012 Formal notification to petitioner with reasons

Case 8, Ahmed Ali Nur Jim'ale and 23 entitiesª (status: delisted)

Date Description
17 March 2011 Transmission of case 8 to the Committee
23 September 2011 Comprehensive report submitted to the Committee
13 December 2011 Presentation of the comprehensive report by the Ombudsperson to the Committee
27 December 2011 Committee decision to delist 6 entities
17 February 2012 Committee decision to delist 1 individual and 17 entities
8 June 2012 Formal notification to petitioner with reasons

ª Barakaat North America, Inc., Barakat Computer Consulting, Barakat Consulting Group, Barakat Global Telephone Company, Barakat Post Express, Barakat Refreshment Company, Al Baraka Exchange, LLC, Barakaat Telecommunications Co. Somalia, Ltd., Barakaat Bank of Somalia, Barako Trading Company, LLC, Al-Barakaat, Al-Barakaat Bank, Al-Barakaat Bank of Somalia, Al-Barakat Finance Group, Al-Barakat Financial Holding Co., Al-Barakat Global Telecommunications, Al-Barakat Group of Companies Somalia Limited, Al-Barakat International, Al-Barakat Investments, Barakaat Group of Companies, Barakaat Red Sea Telecommunications, Barakat International Companies and Barakat Telecommunications Company Limited.

Case 9, Saad Rashed Mohammed Al-Faqih and Movement for Reform in Arabia (status: delisted)

Date Description
19 April 2011 Transmission of case 9 to the Committee
21 February 2012 Comprehensive report submitted to the Committee
17 April 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
1 July 2012 Committee decision to delist
13 November 2012 Formal notification to petitioner with reasons

Case 10, Ibrahim Abdul Salam Mohamed Boyasseer (status: delisted)

Date Description
6 May 2011 Transmission of case 10 to the Committee
9 January 2012 Comprehensive report submitted to the Committee
1 March 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
8 May 2012 Committee decision to delist
3 August 2012 Formal notification to petitioner with reasons

Case 11, Mondher ben Mohsen ben Ali al-Baazaoui (status: delisted)

Date Description
1 June 2011 Transmission of case 11 to the Committee
19 January 2012 Comprehensive report submitted to the Committee
1 March 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
30 March 2012 Committee decision to delist
10 July 2012 Formal notification to petitioner with reasons

Case 12, Kamal ben Mohamed ben Ahmed Darraji (status: delisted)

Date Description
30 June 2011 Transmission of case 12 to the Committee
28 February 2012 Comprehensive report submitted to the Committee
3 April 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
4 May 2012 Committee decision to delist
3 August 2012 Formal notification to petitioner with reasons

Case 13, Fondation Secours Mondial (status: amendedb)

Date Description
7 July 2011 Transmission of case 13 to the Committee
14 December 2011 Comprehensive report submitted to the Committee
24 January 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
17 February 2012 Committee decision to amend
9 July 2012 Formal notification to petitioner with reasons

b Amended to be removed as an alias of Global Relief Foundation (QE.G.91.02).

Case 14, Sa'd Abdullah Hussein Al-Sharif (status: delisted)

Date Description
20 July 2011 Transmission of case 14 to the Committee
29 February 2012 Comprehensive report submitted to the Committee
3 April 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
27 April 2012 Committee decision to delist
3 August 2012 Formal notification to petitioner with reasons

Case 15, Fethi Ben Al-Rebei Absha Mnasri (status: delisted)

Date Description
4 August 2011 Transmission of case 15 to the Committee
9 March 2012 Comprehensive report submitted to the Committee
17 April 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
2 May 2012 Committee decision to delist
3 August 2012 Formal notification to petitioner with reasons

Case 16, Mounir Ben Habib Ben al-Taher Jarraya (status: delisted)

Date Description
15 August 2011 Transmission of case 16 to the Committee
9 March 2012 Comprehensive report submitted to the Committee
17 April 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
2 May 2012 Committee decision to delist
3 August 2012 Formal notification to petitioner with reasons

Case 17, Rachid Fettar (status: delisted)

Date Description
26 September 2011 Transmission of case 17 to the Committee
27 April 2012 Comprehensive report submitted to the Committee
5 June 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
20 June 2012 Committee decision to delist
21 December 2012 Formal notification to petitioner with reasons

Case 18, Ali Mohamed El Heit (status: delisted)

Date Description
5 October 2011 Transmission of case 18 to the Committee
2 May 2012 Comprehensive report submitted to the Committee
3 July 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
19 July 2012 Committee decision to delist
21 December 2012 Formal notification to petitioner with reasons

Case 19, Yassin Abdullah Kadi (listed as Yasin Abdullah Ezzedine Qadi) (status: delisted)

Date Description
16 November 2011 Transmission of case 19 to the Committee
11 July 2012 Comprehensive report submitted to the Committee
10 September 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
5 October 2012 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 20, Chabaane ben Mohamed ben Mohamed al-Trabelsi (status: delisted)

Date Description
21 November 2011 Transmission of case 20 to the Committee
23 April 2012 Comprehensive report submitted to the Committee
5 June 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
20 June 2012 Committee decision to delist
21 December 2012 Formal notification to petitioner with reasons

Case 21, Adel Abdul Jalil Ibrahim Batterjee (status: delisted)

Date Description
3 January 2012 Transmission of case 21 to the Committee
30 August 2012 Comprehensive report submitted to the Committee
6 November 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 January 2013 Committee decision to delist
5 September 2013 Formal notification to petitioner with reasons

Case 22, Ibrahim ben Hedhili ben Mohamed al-Hamami (status: delisted)

Date Description
6 February 2012 Transmission of case 22 to the Committee
25 September 2012 Comprehensive report submitted to the Committee
6 November 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
21 November 2012 Committee decision to delist
7 February 2013 Formal notification to petitioner with reasons

Case 23, Suliman Hamd Suleiman Al-Buthe (status: delisted) (repeated request)

Date Description
23 February 2012 Transmission of case 23 to the Committee
10 October 2012 Comprehensive report submitted to the Committee
27 November 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
10 February 2013 Committee decision to delist
30 August 2013 Formal notification to petitioner with reasons

Case 24, Mamoun Darkazanli (status: delisted)

Date Description
28 February 2012 Transmission of case 24 to the Committee
12 November 2012 Comprehensive report submitted to the Committee
8 January 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
11 March 2013 Committee decision to delist
30 August 2013 Formal notification to petitioner with reasons

Case 25, Abdullahi Hussein Kahie (status: delisted)

Date Description
28 February 2012 Transmission of case 25 to the Committee
26 July 2012 Comprehensive report submitted to the Committee
10 September 2012 Presentation of the comprehensive report by the Ombudsperson to the Committee
26 September 2012 Committee decision to delist
21 December 2012 Formal notification to petitioner with reasons

Case 26, Usama Muhammed Awad Bin Laden (status: delisted)

Ombudsperson case became moot following the Committee's decision of 21 February 2013

Date Description
23 April 2012 Transmission of case 26 to the Committee
15 February 2013 Comprehensive report submitted to the Committee
21 February 2013 Committee decision to delist

Case 27, one individual (status: denied)

Date Description
7 May 2012 Transmission of case 27 to the Committee
11 February 2013 Comprehensive report submitted to the Committee
7 May 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
7 May 2013 Committee decision to retain listing
12 June 2013 Formal notification to petitioner with reasons

Case 28, one individual (status: denied)

Date Description
7 June 2012 Transmission of case 28 to the Committee
20 November 2012 Comprehensive report submitted to the Committee
8 January 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
8 January 2013 Committee decision to retain listing
29 January 2013 Formal notification to petitioner with reasons

Case 29, Muhammad 'Abdallah Salih Sughayr (status: delisted)

Date Description
25 July 2012 Transmission of case 29 to the Committee
9 April 2013 Comprehensive report submitted to the Committee
21 May 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
21 July 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 30, Lajnat Al Daawa Al Islamiya (LDI) (status: delisted)

Date Description
25 July 2012 Transmission of case 30 to the Committee
15 April 2013 Comprehensive report submitted to the Committee
2 July 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 September 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 31, Abd al Hamid Sulaiman Muhammed al-Mujil (status: delisted)

Date Description
1 August 2012 Transmission of case 31 to the Committee
13 March 2013 Comprehensive report submitted to the Committee
30 April 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
30 June 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 32, Mohamed ben Mohamed ben Khalifa Abdelhedi (status: delisted)

Date Description
19 September 2012 Transmission of case 32 to the Committee
5 March 2013 Comprehensive report submitted to the Committee
16 April 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
1 May 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 33, Mohammed Daki (status: delisted)

Date Description
12 October 2012 Transmission of case 33 to the Committee
28 May 2013 Comprehensive report submitted to the Committee
30 July 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
16 August 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 34, Abdelghani Mzoudi (status: delisted)

Ombudsperson case became moot following the Committee's decision of 18 March 2013

Date Description
8 November 2012 Transmission of case 34 to the Committee
18 March 2013 Committee decision to delist

Case 35, International Islamic Relief Organization, Philippines, Branch Offices (status: delisted)

Date Description
13 December 2012 Transmission of case 35 to the Committee
5 September 2013 Comprehensive report submitted to the Committee
1 November 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 January 2014 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 36, International Islamic Relief Organization, Indonesia, Branch Offices (status: delisted)

Date Description
13 December 2012 Transmission of case 36 to the Committee
5 September 2013 Comprehensive report submitted to the Committee
1 November 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 January 2014 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 37, Jaber Abdullah Jaber Ahmed al-Jalahmah (status: delisted)c

Date Description
4 February 2013 Transmission of case 37 to the Committee
5 September 2013 Comprehensive report submitted to the Committee
1 November 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 January 2014 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

c Relisted on 3 January 2014 by a separate Committee decision.

Case 38, Moustafa Abbas (listed as Moustafa Abbes) (status: delisted)

Date Description
13 February 2013 Transmission of case 38 to the Committee
12 August 2013 Comprehensive report submitted to the Committee
13 September 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
30 September 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 39, Atilla Selek (status: delisted)

Date Description
13 February 2013 Transmission of case 39 to the Committee
2 October 2013 Comprehensive report submitted to the Committee
13 December 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
31 December 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 40, Youssef ben Abdul Baki Ben Youcef Abdaoui (status: delisted)

Date Description
4 March 2013 Transmission of case 40 to the Committee
14 November 2013 Comprehensive report submitted to the Committee
11 February 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 April 2014 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 41, L'hadi Bendebka (listed as Abdelhedi Ben Debka) (status: delisted)

Date Description
12 March 2013 Transmission of case 41 to the Committee
14 October 2013 Comprehensive report submitted to the Committee
3 December 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
18 December 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 42, Youcef Abbas (listed as Youcef Abbes) (status: delisted)

Date Description
20 March 2013 Transmission of case 42 to the Committee
2 October 2013 Comprehensive report submitted to the Committee
15 November 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 December 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 43, Said Yousef AbouAziz (listed as Said Youssef Ali Abu Aziza) (status: delisted)

Ombudsperson case became moot following the Committee's decision of 26 August 2013

Date Description
27 March 2013 Transmission of case 43 to the Committee
26 August 2013 Committee decision to delist

Case 44, one individual (status: denied)

Date Description
2 May 2013 Transmission of case 44 to the Committee
4 February 2014 Comprehensive report submitted to the Committee
21 April 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
21 April 2014 Committee decision to retain listing
30 July 2014 Formal notification to petitioner with reasons

Case 45, one individual (status: denied)

Date Description
6 May 2013 Transmission of case 45 to the Committee
9 December 2013 Comprehensive report submitted to the Committee
11 February 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
11 February 2014 Committee decision to retain listing
17 March 2014 Formal notification to petitioner with reasons

Case 46, Ahmed Nacer Yacine (status: delisted)

Date Description
10 May 2013 Transmission of case 46 to the Committee
12 December 2013 Comprehensive report submitted to the Committee
25 February 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
13 March 2014 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 47, Nabil Benatia (listed as Nabil ben Mohamed ben Ali ben Attia) (status: delisted)

Date Description
3 June 2013 Transmission of case 47 to the Committee
12 November 2013 Comprehensive report submitted to the Committee
13 December 2013 Presentation of the comprehensive report by the Ombudsperson to the Committee
31 December 2013 Committee decision to delist
25 August 2014 Formal notification to petitioner with reasons

Case 48, Wael Hamzah Jelaidan (listed as Wa'el Hamza Abd al-Fatah Julaidan) (status: delisted)

Date Description
17 June 2013 Transmission of case 48 to the Committee
19 March 2014 Comprehensive report submitted to the Committee
24 June 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
25 August 2014 Committee decision to delist
29 October 2014 Formal notification to petitioner with reasons

Case 49, one individual (status: denied)

Date Description
24 June 2013 Transmission of case 49 to the Committee
4 April 2014 Comprehensive report submitted to the Committee
24 June 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
24 June 2014 Committee decision to retain listing
10 September 2014 Formal notification to petitioner with reasons

Case 50, Al-Haramain Foundation (USA) (status: delisted)

Date Description
5 September 2013 Transmission of case 50 to the Committee
30 June 2014 Comprehensive report submitted to the Committee
26 August 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
25 October 2014 Committee decision to delist
29 December 2014 Formal notification to petitioner with reasons

Case 51, Aqeel Abdulaziz Aqeel Al-Aqeel (status: delisted)

Date Description
28 October 2013 Transmission of case 51 to the Committee
18 August 2014 Comprehensive report submitted to the Committee
31 October 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
2 January 2015 Committee decision to delist
3 March 2015 Formal notification to petitioner with reasons

Case 52, one individual (status: denied)

Date Description
27 May 2014 Transmission of case 52 to the Committee
18 February 2015 Comprehensive report submitted to the Committee
14 April 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
14 April 2015 Committee decision to retain listing
10 June 2015 Formal notification to petitioner with reasons

Case 53, Abd al-Rahman Muhammad Jaffar 'Ali (status: delisted)

Date Description
13 June 2014 Transmission of case 53 to the Committee
9 December 2014 Comprehensive report submitted to the Committee
29 January 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
31 March 2015 Committee decision to delist
12 May 2015 Formal notification to petitioner with reasons

Case 54, Abdul Rahim al-Talhi (status: delisted)

Date Description
19 June 2014 Transmission of case 54 to the Committee
29 January 2015 Comprehensive report submitted to the Committee
17 March 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
17 May 2015 Committee decision to delist
22 July 2015 Formal notification to petitioner with reasons

Case 55, Ismail Mohamed Ismail Abu Shaweesh (status: delisted)

Date Description
23 June 2014 Transmission of case 55 to the Committee
10 November 2014 Comprehensive report submitted to the Committee
16 December 2014 Presentation of the comprehensive report by the Ombudsperson to the Committee
2 January 2015 Committee decision to delist
17 February 2015 Formal notification to petitioner with reasons

Case 56, one individual (status: denied) (repeated request)

Date Description
5 September 2014 Transmission of case 56 to the Committee
21 April 2015 Comprehensive report submitted to the Committee
19 June 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
19 June 2015 Committee decision to retain listing
10 July 2015 Formal notification to petitioner with reasons

Case 57, one individual (status: denied) (repeated request)

Date Description
9 September 2014 Transmission of case 57 to the Committee
8 June 2015 Comprehensive report submitted to the Committee
27 July 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
27 July 2015 Committee decision to retain listing
20 August 2015 Formal notification to petitioner with reasons

Case 58, one individual (status: denied)

Date Description
10 September 2014 Transmission of case 58 to the Committee
29 June 2015 Comprehensive report submitted to the Committee
24 August 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
24 August 2015 Committee decision to retain listing
30 October 2015 Formal notification to petitioner with reasons

Case 59, Al Sayyid Ahmed Fathi Hussein Eliwah (status: delisted)

Date Description
30 September 2014 Transmission of case 59 to the Committee
12 May 2015 Comprehensive report submitted to the Committee
19 June 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
18 August 2015 Committee decision to delist
2 September 2015 Formal notification to petitioner with reasons

Case 60, Mohammed Ahmed Shawki al Islambolly (status: delisted)

Date Description
10 November 2014 Transmission of case 60 to the Committee
13 July 2015 Comprehensive report submitted to the Committee
24 August 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
26 October 2015 Committee decision to delist
27 October 2015 Formal notification to petitioner with reasons

Case 61, Yasser Mohamed Ismail Abu Shaweesh (status: delisted)

Date Description
19 January 2015 Transmission of case 61 to the Committee
7 July 2015 Comprehensive report submitted to the Committee
24 August 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
9 September 2015 Committee decision to delist
6 November 2015 Formal notification to petitioner with reasons

Case 62, Abd al Wahab Abd al Hafiz (status: delisted)

Date Description
11 March 2015 Transmission of case 62 to the Committee
9 November 2015 Comprehensive report submitted to the Committee
23 December 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
11 January 2016 Committee decision to delist
22 January 2016 Formal notification to petitioner with reasons

Case 63, one individual (status: denied)

Date Description
12 March 2015 Transmission of case 63 to the Committee
10 November 2015 Comprehensive report submitted to the Committee
23 December 2015 Presentation of the comprehensive report by the Ombudsperson to the Committee
23 December 2015 Committee decision to retain listing
12 January 2016 Formal notification to petitioner with reasons

Case 64, one individual (status: denied)

Date Description
29 May 2015 Transmission of case 64 to the Committee
25 February 2016 Comprehensive report submitted to the Committee
20 April 2016 Presentation of the comprehensive report by the Ombudsperson to the Committee
20 April 2016 Committee decision to retain listing
9 June 2016 Formal notification to petitioner with reasons

Case 65, Farid Aider (status: delisted)

Date Description
27 August 2015 Transmission of case 65 to the Committee
26 February 2016 Comprehensive report submitted to the Committee
20 April 2016 Presentation of the comprehensive report by the Ombudsperson to the Committee
20 June 2016 Committee decision to retain listing
20 June 2016 Formal notification to petitioner with reasons

Case 66, one individual (status: denied)

Date Description
15 October 2015 Transmission of case 66 to the Committee
15 June 2016 Comprehensive report submitted to the Committee
8 August 2016 Presentation of the comprehensive report by the Ombudsperson to the Committee
8 August 2016 Committee decision to retain listing
23 September 2016 Formal notification to petitioner with reasons

Case 67, Daniel Martin Schneider (status: delisted)

Date Description
3 February 2016 Transmission of case 67 to the Committee
29 April 2016 Comprehensive report submitted to the Committee
17 June 2016 Presentation of the comprehensive report by the Ombudsperson to the Committee
5 July 2016 Committee decision to delist
22 August 2016 Formal notification to petitioner with reasons

Case 68, one individual (status: denied)

Date Description
22 March 2016 Transmission of case 68 to the Committee
23 November 2016 Comprehensive report submitted to the Committee
3 February 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
3 February 2017 Committee decision to retain listing
5 April 2017 Formal notification to petitioner with reasons

Case 69, Ata Abdoulaziz Rashid (status: delisted)

Date Description
8 June 2016 Transmission of case 69 to the Committee
30 December 2016 Comprehensive report submitted to the Committee
1 March 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
1 May 2017 Committee decision to delist
19 May 2017 Formal notification to petitioner with reasons

Case 70, Fahd Muhammad Abd al-Aziz al-Khashiban (status: delisted)

Date Description
12 July 2016 Transmission of case 70 to the Committee
16 January 2017 Comprehensive report submitted to the Committee
1 March 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
16 March 2017 Committee decision to delist
27 March 2017 Formal notification to petitioner with reasons

Case 71, Othman Deramchi (status: delisted)

Date Description
3 August 2016 Transmission of case 71 to the Committee
6 April 2017 Comprehensive report submitted to the Committee
19 May 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
20 July 2017 Committee decision to delist
1 August 2017 Formal notification to petitioner with reasons

Case 72, Dieman Abdulkadir Izzat (status: delisted)

Date Description
9 September 2016 Transmission of case 72 to the Committee
27 February 2017 Comprehensive report submitted to the Committee
11 April 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
28 April 2017 Committee decision to delist
9 May 2017 Formal notification to petitioner with reasons

Case 73, one individual (status: denied)

Date Description
23 September 2016 Transmission of case 73 to the Committee
11 May 2017 Comprehensive report submitted to the Committee
13 July 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
13 July 2017 Committee decision to retain listing
26 July 2017 Formal notification to petitioner with reasons

Case 74, Fritz Martin Gelowicz (status: delisted)

Date Description
17 October 2016 Transmission of case 72 to the Committee
7 March 2017 Comprehensive report submitted to the Committee
11 April 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
28 April 2017 Committee decision to delist
9 May 2017 Formal notification to petitioner with reasons

Case 75, one individual (status: denied)

Date Description
17 November 2016 Transmission of case 75 to the Committee
17 May 2017 Comprehensive report submitted to the Committee
13 July 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
13 July 2017 Committee decision to retain listing
26 July 2017 Formal notification to petitioner with reasons

Case 76, one individual (status: denied)

Date Description
22 November 2016 Transmission of case 76 to the Committee
19 July 2017 Comprehensive report submitted to the Committee
23 October 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
23 October 2017 Committee decision to retain listing
26 October 2017 Formal notification to petitioner with reasons
8 November 2017 Notification of reasons to petitioner

Case 77, Adil Muhammad Mahmud Abd al-Khaliq (status: delisted)

Date Description
28 November 2016 Transmission of case 77 to the Committee
24 May 2017 Comprehensive report submitted to the Committee
13 July 2017 Presentation of the comprehensive report by the Ombudsperson to the Committee
28 July 2017 Committee decision to delist
28 July 2017 Formal notification of decision to petitioner
7 August 2017 Notification of reasons to petitioner

Case 78, Zayn al-Abidin Muhammad Hussein (status: delisted)

Date Description
7 December 2016 Transmission of case 78 to the Committee
7 August 2017 Comprehensive report submitted to the Committee
23 October 2017 Presentation of the comprehensive report by the former Ombudsperson to the Committee
26 December 2017 Committee decision to delist
26 December 2017 Formal notification of decision to petitioner
24 January 2018 Notification of reasons to petitioner

Case 79, one individual (status: information-gathering phase)

Date Description
27 March 2017 Transmission of case 79 to the Committee
27 February 2018 Deadline for completion of the extended information-gathering phase (additional extension of the information-gathering phase approved by the Committee as a transitional measure while awaiting the appointment of a new Ombudsperson)

Case 80, one individual (status: Informal Information-gathering phase)

Date Description
11 December 2017 Transmission of case 80 to the Committee
Information-gathering informally started by the Office of the Ombudsperson pending formal decision on admissibility by the incoming Ombudsperson upon taking office

Notes:

1. This number includes one case concluded in 2011, in which the delisting request was withdrawn by the petitioner after the Ombudsperson had submitted and presented her report to the Committee. It also includes one case concluded in 2013, in which the Committee decided to delist the petitioner after the Ombudsperson had submitted her report to the Committee but before she had presented it to the same. This number does not include two additional cases concluded in 2013, in which the Ombudsperson case became moot following a decision by the Committee to delist the petitioners before the Ombudsperson had submitted her report. [Back]

2. "While the legal officer may attempt to informally collect information relevant to a new petition to assist the future new Ompudsperson in making an admissibility determination, the acceptance of a new petition and the time period for the information gathering phase under Resolution 2368 would not begin, and cooperation with the legal officer in this regard in the absence of a new Ombudsperson would be voluntary." [Back]

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small logoThis document has been published on 13Mar18 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.