Dutch banks and insurers are no longer allowed to do business with the members of the so-called Hofstad Group convicted of belonging to a terrorist organisation.
At the beginning of this month, Foreign Minister Ben Bot froze all financial assets of the nine defendants in the case who were convicted. Even once they have served their sentences, they will not be able to take out loans or perform any other bank transactions.
Minister Bot says he is bound to take these measures by a UN Security Council resolution.
He is referring to resolution 1373, adopted on 28 September 2001 in the aftermath of the 9/11 attacks on New York and Washington. The resolution is absolute and allows no means for the Dutch state or the defendants to mount a challenge. Under the terms of the resolution, UN member states are required to freeze the assets of persons carrying out or planning terrorist acts. States are also required to take measures to ensure that terrorists cannot gain access to financial or economic resources. Providing them with financial or other services is also forbidden.
Lifetime ban
Nine members of the Hofstad group, including Mohammed Bouyeri and Nouredine el Fatmi, fall under this resolution since the court in The Hague found them guilty of membership of a terrorist organisation in March this year. In concrete terms, this means that for the rest of their lives they will unable to obtain motor vehicle insurance, seek advice about investments or even use a credit card or ATM. The five defendants in the Hofstad Group trial who were acquitted will not be affected.
Victor Koppe, a lawyer representing two of the convicted men, thinks the ban is ridiculous:
“One of my clients was sentenced to two years in prison and therefore [having already spent that much time in detention] has already been released. He is trying to put his life back together again. But that will be impossible if he can’t even open a bank account or purchase car insurance.”
Emeritus Professor of International Law at the Free University of Amsterdam Paul de Waart is also astonished by the move. He says the UN resolution was never meant for people like the Hofstad Group members. Since they have appealed against their convictions, under Dutch law they are still suspects and not convicted men.
He also wonders whether Minister Bot’s interpretation of resolution 1373 is what the Security Council intended.
“These people have no life anymore, even after they have been released. This law could easily backfire. Treating people this way will force them into the clutches of people who are willing to help them, illegally. The resolution was surely intended to prevent the funding of terrorism not to interfere with an individual’s means of support. Minister Bot has failed to make that distinction.”
* translation by RN Internet
Tags: banks, bot, convicted, defendants, hofstad, insurance, international law, resolution, security council, terrorist