By
Matthew
Russell Lee
UNITED
NATIONS,
May 11 -- When
Russia's
Ambassador to
the UN Vitaly
Churkin
in a May 10
Security
Council
session called
out Sweden for
failing to
close down the
web site of
Caucuses
Emirate,
saying this
violated
UNSC
Resolution
1989, Inner
City Press wrote
about it
and asked the
Swedish
government
for its
response. A
day later, it
has arrived,
and it
published in
full below.
At
issue is
Operative
Paragraph 6 of
Resolution
1989,
which
"Confirms
that
the
requirements
in paragraph 1
(a) above
apply to
financial and
economic
resources of
every kind,
including but
not limited to
those
used for the
provision of
Internet
hosting or
related
services, used
for the
support of
Al-Qaida and
other
individuals,
groups,
undertakings
or entities
associated
with it."
While
Inner City
Press
believes, with
others, that
freedom of
expression
issues may be
raised by
making illegal
the "provision
of Internet
hosting
services," for
the UN and its
member states,
that train has
left
the station.
Under Resolution
1989, adopted
in 2011, and
its cited
Paragraph 1(a),
UN member
states must
"ensure
that
neither these
nor any other
funds,
financial
assets or
economic
resources are
made
available,
directly or
indirectly for
such
persons’
benefit, by
their
nationals or
by persons
within their
territory."
Despite
this, the
1989
Committee
states, on its
own website,
that
"The
Kavkazcenter
has been
proclaimed the
official
information
organ of
the Emarat
Kavkaz by Doku
Umarov.
Publications
on the website
are in
Russian,
English,
Arabic,
Turkish and
Ukrainian...
The principal
internet
provider of
the website is
located in
Stockholm,
Sweden..
The website
has regularly
published
videos in
which Doku
Umarov and
the heads of
the Emarat
Kavkaz have
taken personal
responsibility
for
terrorist acts
carried out on
the territory
of Russia
including the
one at the
Domodedovo
airport
(Moscow) on 24
January 2011."
So
what how does
Sweden
respond? With
a day's delay,
and after
Inner City
Press also
tweeted the
question at
Swedish
foreign
minister Carl
Bildt, the
First
Secretary
(Legal) of the
Swedish
Mission to the
UN sent this
to
Inner City
Press:
As
to
the first
issue
regarding the
website, the
Swedish
Government's
comments are
the following.
Once
the
Security
Council
decides on
sanctions,
Member States
are obliged,
under
international
law, to
implement
these measures
and
incorporate
the provisions
in their own
legal systems.
For Sweden,
this is done
jointly with
the other EU
countries.
Accordingly,
Sweden has
fully
implemented UN
Security
Council
Resolution
1989,
including the
listing of the
organization
”Emarat
Kavkaz”,
through the EU
Council
Regulation
(EC) No
881/2002,
which is
directly
applicable in
Swedish
national law.
Violations
of
an EU
regulation on
sanctions are
punishable by
Swedish law,
i.e.
the Act on
Certain
International
Sanctions
(1996:95).
Swedish
police,
prosecutors
and courts
conduct
investigations,
press charges
and
issue verdicts
independently
from the
Government.
The Government
cannot
influence an
authority or a
court
concerning a
decision on
how
to apply
Swedish law.
It is up to
the competent
Swedish
authorities
to look into
the issues of
possible
sanctions
crime related
to the
listing of
'Emarat
Kavkaz.'
As
to
the second
question, it
is, as you
mention a CTED
visit under
resolution
1373. There
are no visits
foreseen by
the 1267/1989
Committee or
the Monitoring
Group.
The
"second
question"
referred to
was
"I
have
learned that
along with a
CTED visit to
Sweden in
June, an
expert of the
1989 Committee
may go as
well. What
will Sweden
say to
them?"
Along
with arguing
that the
Swedish
"Government
cannot
influence an
authority or a
court
concerning a
decision on
how to apply
Swedish law,"
the
response says
"there are no
visits
foreseen by
the 1267/1989
Committee or
the Monitoring
Group."
But
Inner City
Press
understands
that, at the
request of
Russia, an Al
Qaeda /
Resolution
1989 expert is
slated to now
accompany the
previously
scheduled CTED
visit to
Sweden in
June. And what
will come of
it?
Inner
City Press
view is that
if Sweden
thinks the ban
on providing
web hosting
violates free
speech, it
should say so,
as should have
members of the
Council.
But silent
non-compliance
with
resolutions --
just as Inner
City Press discovered
on May 10 that
five Security
Council
members
never even
filed reports
under Libya
sanctions
-- is the
opposite of
the rule of
law. Watch
this site.