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HM Treasury v Ahmed
''HM Treasury v Ahmed'' () (UKSC 2 ) is a UK constitutional law and human rights case concerning the United Nations Act 1946 and the powers it grants to the executive to issue terrorism control orders.
==Facts==
Under the United Nations Act 1946 section 1, the UK passed the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006, to fulfil its obligations under the UN Charter, article 25, to give effect to UN Security Council Resolution 1373 (2001). The aim was to prevent financing for terrorism. They allowed freezing of economic assets, apart from basic expenses, of anyone designated by the order. Article 4(1)(2) of the Terrorism Order allowed the Treasury to designate anybody it had reasonable grounds to suspect “is or may be” helping terrorism. Article 3(1)(b) of the Al-Quida Order stated people on the UN Security Council's "sanctions committee" list was a designate person. The Treasury had designated Mohammed Jabar Ahmed, as well as Mohammed al-Ghabra and Hani El Sayed Sabaei Youssef, as suspects, their bank accounts were frozen, although they were given licences to receive social security benefits. They applied for the order to be set aside.〔(telegraph.co.uk: "The five alleged terorists whose assets were frozen" ), 27 Jan 2010〕
The judge held the orders were ''ultra vires'' of the United Nations Act 1946 section 1, and quashed them, and the directions. On appeal, the Court of Appeal allowed an appeal by the Treasury in part. If the words "or may be" were removed from the test of reasonable suspicion on which the Treasury's directions were based, then article 4 of the Terrorism Order was valid. The Al-Qaida Order was also lawful, although a designated person could still seek judicial review of his designation. Ahmed then claimed judicial review for being listed, or alternatively sought the Al-Qaida Order be quashed. The judge at first instance then declared the Al Qaida Order was ''ultra vires'' in respect of Ahmed but did not quash it. The Treasury appealed directly to the Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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