Attached is the text of the judgement. The judgement is authority that: (i) the NCAs do not have an absolute discretion whether to grant or not a derogation to unfreeze blocked funds; (ii) when deciding on any such derogation the NCAs shall take into account the fundamental human rights of the blocked persons under the Charter; (iii) an refusal to de-block any funds for the provision of legal services to a blocked person is unlawful under the Charter; (iv) reasonable control over the blocked funds released for providing legal services is lawful; and (v) alleged unlawful origin of the blocked funds which are to be unfrozen for the payment of legal services is irrelevant for the right of a blocked person to receive a derogation.
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SANCTIONS 360°