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WikiLeaks: 07LONDON4465, IRAN: UK GOVERNMENT APPEALS MEK DE-LISTING ORDER

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Reference IDCreatedClassificationOrigin
07LONDON44652007-12-04 16:30CONFIDENTIALEmbassy London
VZCZCXRO3309
PP RUEHDE
DE RUEHLO #4465/01 3381630
ZNY CCCCC ZZH
P 041630Z DEC 07
FM AMEMBASSY LONDON
TO RUEHC/SECSTATE WASHDC PRIORITY 6541
INFO RUEHAK/AMEMBASSY ANKARA 0754
RUEHAH/AMEMBASSY ASHGABAT 0158
RUEHGB/AMEMBASSY BAGHDAD 0514
RUEHKB/AMEMBASSY BAKU 0188
RUEHBJ/AMEMBASSY BEIJING 0977
RUEHRL/AMEMBASSY BERLIN 2584
RUEHSW/AMEMBASSY BERN 0490
RUEHMO/AMEMBASSY MOSCOW 2488
RUEHFR/AMEMBASSY PARIS 3080
RUEHRO/AMEMBASSY ROME 3571
RUEHUL/AMEMBASSY SEOUL 0523
RUEHTV/AMEMBASSY TEL AVIV 0488
RUEHKO/AMEMBASSY TOKYO 1093
RUEHDE/AMCONSUL DUBAI 0218
RUEHIT/AMCONSUL ISTANBUL 0157
C O N F I D E N T I A L SECTION 01 OF 02 LONDON 004465 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 12/04/2017 
TAGS: PREL PTER IR UK
SUBJECT: IRAN: UK GOVERNMENT APPEALS MEK DE-LISTING ORDER 
 
Classified By: PolMinCouns Maura Connelly; reason 1.4 (b, d) 
 


1.  (C) Summary:  The FCO told Embassy London Iran Watcher 
(Poloff) that the Mujaheddin-e-Khalk (MEK) will continue to 
be listed as a terrorist organization under UK law, and its 
UK accounts frozen, until the outcome of HMG,s appeal of the 
administrative order issued by the UK's Prohibited 
Organisations Commission (POAC).  HMG will know by the end of 
December whether POAC or the courts will hear its appeal of 
the POAC order.    End Summary. 
 
MEK Buoyant 
--------------- 
 
2.  (U) According to UK and international press, 
Mujaheddin-e-Khalk (MEK) leaders in London and Iraq have 
hailed an order issued on or about November 26 by an 
administrative tribunal, the UK,s Prohibited Organisations 
Commission (POAC) to HMG, to de-list the MEK as a designated 
terrorist organization under UK law.  The suit had been 
brought by several of the MEK,s fervent sympathizers in 
Parliament seeking POAC's review of the MEK listing. 
 
HMG: Leopard Has Not Changed Spots 
----------------------------------------- 
 
3.  (C)  FCO's Iran Coordination Group officials, however, 
separately told London Iran Watcher November 30, and also 
told Iranian nuclear negotiator Saeed Jalili when he was in 
London the same day, that HMG is fighting the administrative 
order through further administrative and judicial appeals 
and, in the interim, will not de-list the MEK or unfreeze its 
assets.  FCO Iran Bilateral Team's Helen Teasdale said HMG is 
challenging as a matter of law the POAC,s core finding and 
rationale: that the MEK had, by its reorganization and its 
forbearance from deadly attacks since 2001, transformed 
itself into a non-terrorist organization. 
 
POAC or Courts May Hear HMG Appeal 
------------------------------------------- 
 
4.  (C) Procedurally, Teasdale explained HMG is filing with 
POAC an immediate request for Leave to Appeal, which will 
have 14 days to decide.  If POAC grants leave to appeal, the 
body will then have an unlimited period of time in which to 
decide the merits of the HMG appeal.  If POAC refuses to 
grant leave to appeal, HMG will file a judicial appeal before 
the Court of Appeals, which will also have 14 days to decide 
whether to consider the matter; if the filing is allowed, the 
court will likewise have an unlimited amount of time in which 
to hear argument, and issue an opinion.  Teasdale said the 
question whether an appeal will be granted will be known by 
the end of December.  Teasdale would not make a prediction on 
the likelihood of a successful appeal in either venue, and 
said the FCO had not been surprised by the POAC decision. 
Teasdale noted that, as the case and briefs before POAC had 
developed over the past year, initial FCO confidence of an 
outcome supporting a continuing terrorist designation had 
evolved from very high to "no more than 50/50" before the 
POAC order was issued, due to the traction MEK arguments had 
gained with the POAC. 
 
Policy Concerns 
---------------- 
 
5.  (C) HMG,s Iran-specific policy concern, in addition to 
its general one on how the order weakens UK counter-terrorism 
efforts, is that any Iranian perception of Western support 
for MEK could endanger resolution of the nuclear issue.  The 
MEK is widely loathed by both the Iranian public for its 
collaboration with Saddam during the Iran-Iraq War (some 
observers argue Tehran,s sponsorship of SCIRI was in part a 
response to Saddam,s support for MEK); MEK is also 
apparently feared by the Iranian regime as a fifth column 
inside Iran. 
 
Visit London's Classified Website: 
 
LONDON 00004465  002 OF 002 
 
 
http://www.state.sgov.gov/p/eur/london/index. cfm 
Tuttle

WikiLeaks: 07LONDON4465, IRAN: UK GOVERNMENT APPEALS MEK DE-LISTING ORDER

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